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Occupational Disease or Illness

Occupational Disease or Illness

Michael Pyrros NY Workers Comp Attorneys

Queens, New York, Workers’ Compensation Attorneys

Occupational Disease or Illness | Cancer | Heart Disease | Exposure to Toxic Substances | Post Traumatic Stress Disorder | Mental Illness

Have you been exposed to toxins or other substances on the job?

Have you developed an illness because of something in your work environment?

Has your job caused PTSD, depression or some other mental disorder?

If you answered yes to any of the above questions, you may be able to pursue workers’ compensation benefits for  lost wages or required medical treatment. An experienced workers’ compensation lawyer can take charge of the exacting claims process, represent you at administrative hearings and help you obtain the cash and medical benefits to which you are entitled.

When you seek our legal advice and guidance, we assist you in getting the medical care you need to regain your good health so that you can return to work and we evaluate the circumstances and details concerning your occupational illness in order to file your workers’ comp claim.

Our attorneys can get involved in your claim at any stage from filing the initial application, assisting you, if your claim was denied, helping you get benefits reinstated, if the insurance company stopped payments before you were able to return to work.

Protecting Your Legal Rights When You Have an Occupational Illness

At the Queens law firm of Pyrros, Serres & Rupwani, our attorneys and staff handle all matters related to workers’ compensation claims based on occupational disease or illness.

Our firm represents individuals who have contracted work-related medical conditions, including, but not limited to:

  • Lung or skin cancer, including squamous cell carcinoma
  • Chronic obstructive pulmonary disease, reactive airway dysfunction syndrome, toxic inhalation or occupational asthma
  • Rashes, infections or other dermatological conditions
  • Mental illness, including post traumatic stress disorder (PTSD), anxiety disorder, or depression
  • Heart attack, congestive heart failure or stroke
  • Vision and hearing loss

Common Occupational Illnesses Covered by Workers’ Compensation in New York

Common Occupational Illnesses Covered by Workers’ Compensation in New York

Occupational illnesses include many different conditions like respiratory illnesses, musculoskeletal issues, skin diseases, various cancers, and mental health issues. While workplace accidents happen on a clearly defined date under specific circumstances, work-related diseases can develop so slowly that you may not immediately make the correlation. 

Consulting an experienced New York workers’ comp lawyer is non-negotiable if you believe your health condition developed because of your work duties. Insurance companies are typically in no hurry to acknowledge job-related illnesses, so you’ll need a skilled legal team in your corner.

What Is Occupational Illness?

Every year, millions of Americans miss time at work or pursue insurance claims because of serious health issues. However, not every illness is job-related, even if you first experienced its symptoms while at work.

An occupational illness is any disorder that develops because of gradual exposure to harmful substances on the job or otherwise harmful work conditions. Proving a cause-and-effect link will be critical to establishing your claim.  

Remember that you may still have a valid claim even if you didn’t miss work days because of your condition. For example, maybe you only noticed the symptoms after you stopped working at your previous place of employment, or maybe you kept working despite your condition to avoid losing income.

A Brief List of Common Occupational Illnesses

According to the U.S. Bureau of Labor Statistics, 2022 saw 23,500 recorded instances of workplace illnesses in New York in the private industry alone. Per state data, a large share of these (18,700, or over 70%) were respiratory illnesses. Occupational lung diseases typically occur because of prolonged exposure to chemicals, dust, and gases.

Apart from respiratory illnesses, New York workers may develop many other occupational health conditions, some of which we list below. 

Hearing Loss

According to the National Institute for Occupational Safety and Health (NIOSH), around 30 million workers nationwidesuffer exposure to high noise levels that may lead to irreversible hearing loss. Construction, airline work, mining, logging, and carpentry are a few occupations with a strong risk of harmful noise exposure.

Repetitive Strain Injuries

Repetitive strain injuries could develop if you repeat the same activity or motion or frequently use vibrating equipment at work. These conditions include tendonitis, tennis elbow, and carpal tunnel syndrome. Office workers, assembly line workers, and construction workers may all suffer from repetitive strain injuries.

Skin Conditions

Workers can develop various skin conditions from exposure to various chemicals or too much sunlight. Examples include eczema, skin cancers, allergic reactions, and dermatitis. These occupational illnesses often occur among household workers, agricultural laborers, healthcare workers, and mechanics.

Infectious Diseases

Bacterial and viral diseases like influenza, COVID-19, hepatitis, and MRSA could occur in any workplace environment without strict hygiene routines and a clear protocol for staying home when sick. During the COVID-19 pandemic, coronavirus-related workers’ compensation claims became extremely common.

Asbestos-Related Illnesses

Although various restrictions have limited the use of harmful asbestos in construction, it still occurs in some building insulation and heat-resistant products. It’s also common in older homes. Firefighters, construction laborers, and workers in other industrial occupations may all suffer from asbestos exposure. Possible long-term effects include asbestosis (chronic lung disease) and mesothelioma.

Proving the Connection Between Work Conditions and Your Illness

It may seem obvious that your work environment caused your illness. Nevertheless, your employer’s insurance provider will likely look for any loophole to minimize your compensation or avoid paying you. They’ll argue that a preexisting condition caused your illness or that your symptoms aren’t as serious as you claim. That’s why you need a lawyer well versed in work-related diseases. 

To build a strong case, you must show that:

  • It’s reasonably likely your work conditions would have led to your illness 
  • The condition that put you at risk lasted long enough to cause health issues
  • Your illness caused you to develop serious impairments that require medical treatment

Also, your claim may be easier to establish if your lifestyle didn’t include significant risk factors that could lead to a similar disease (e.g., it may be more challenging for smokers to seek compensation for some occupational lung diseases).

You could qualify for workers’ compensation even if people outside your occupation may also develop the same illness. For example, many people have lung cancer. However, if you work in the mining industry under continuous exposure to chemicals that increase lung cancer risk, it may be possible to link your illness to your work conditions. 

Evidence You Will Need To Establish Your Occupational Illness Claim

Proving the Connection Between Work Conditions and Your Illness

Occupational illness claims are often more complicated than workplace injury or standard personal injury cases. For example, a slip-and-fall accident lawyer usually deals with a one-time accident that led to an immediate injury. The cause and effect are easier to prove, and there’s less room for insurance companies to dispute claims. 

In contrast, workplace illness often develops gradually. You may discover your condition when you go in for a medical check-up once you no longer work for your employer, possibly years after the last exposure event in question. For example, mesothelioma takes decades to develop post-asbestos exposure.

The following evidence can help you establish your claim and win compensation.

Medical Records

Please see a doctor as soon as you suspect you’re suffering from a disease related to your work conditions, whether current or past. Save all medical records to share with your lawyer later.

Witness Statements & Other Documents

It can be tricky to find witnesses to dangerous workplace conditions years later. Nevertheless, former coworkers or other people may be able to confirm your job involved continuous exposure to hazardous chemicals or physical conditions that could lead to illness. If you’ve been exposed to hazardous chemicals, try to obtain pictures of the product and label which may have a list of the product’s ingredients.

Statements by Medical Authorities and Other Professionals

Your lawyer may also recommend enlisting medical professionals with strong authority who can confirm your illness likely developed because of your workplace conditions. Statements by medical authorities can validate a cause-effect link and help calculate your losses.

Call Pyrros, Serres & Rupwani If You Developed an Occupational Illness in New York

Employment-related ailments can be devastating, expensive, and hard to prove. Contact our law firm today if you believe you developed an illness because of your work conditions. We can also provide counsel on SSD qualifications and help you apply for workers’ compensation in New York. 

Call (718) 626-7730 or contact us online for a 100% free case evaluation.

FAQs

How long do I have to file a claim if I experience industrial health issues in NY?

Usually, you must file a workers’ compensation claim within two years of discovering symptoms of the occupational illness or two years from the date that you knew, or should have known, that your illness was worked related . However, in the case of occupational hearing loss, you only have three months to file a claim.

What happens if my employer’s insurer challenges my claim?

If your employer’s workers’ compensation insurance provider disputes your claim, the Workers’ Compensation Board will schedule a hearing. Our experienced workers’ comp attorneys can help you prepare for the hearing and present a convincing case. 

Who decides what doctor I must see for diagnosis and treatment?

You’ll likely need to undergo a medical examination with a doctor who is qualified to diagnosed, treat your condition and who accepts workers’ compensation insurance. You may also be required to under an examination by a doctor who is hored by the insurance carrier. 

What if I have a preexisting condition related to my occupational illness? 

A preexisting condition can make it more difficult to negotiate compensation since your employer’s insurer is more likely to challenge your claim. Reach out to our lawyers if you believe your work environment aggravated an existing health issue to determine your rights.

Meet Our Attorneys

Attorney
Michael C. Pyrros received his bachelor’s degree from American University in Washington, D.C. in 1985.
Attorney
Michael Serres is a 1989 graduate of St. John’s University School of Law. Mr. Serres was admitted to practice law in New York.
Attorney
Nicholas Rupwani has been practicing workers’ compensation law since August 2004.