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Workers’ Compensation—Occupational Illness and Disease

Recovering Benefits When You Have Contracted a Work-Related Disease or Illness

In New York, when you are unable to perform the duties of your job, and the condition which prevents you from working was caused by or happened on the job, you have a right to seek workers’ compensation benefits to cover lost wages and income, as well as medical expenses. Though workers’ compensation claims are typically associated with traumatic accidents, they can also stem from disease or illness caused by exposure to substances or conditions in the workplace.

Under New York law, a worker seeking payments under an occupational illness or disease claim is entitled to the same benefits as any other injured worker. Typical cases where a worker may have a legitimate workers’ compensation claim based on occupational disease include situations where:

  • A worker contracted cancer due to exposure to carcinogens while working
  • A worker developed asbestosis, silicosis or other respiratory ailments because of exposure to particulates or dust
  • A worker developed heart or coronary disease because of job-related stress

As with other types of workers’ compensation claims, the application for benefits must be filed in a timely manner. Under New York law, such a claim must be submitted to the Workers’ Compensation Board by the later of the date of actual disability or the date the worker knew or should have known that the disease was caused by work conditions.

It’s also important to understand that, with an occupational illness claim, a worker may be entitled to benefits even if there is no time lost from work. In addition, with a workers’ compensation claim, there’s no requirement that you prove negligence on the part of your employer. Because workers’ compensation is essentially a “no-fault” system, you must prove only two things: that you suffered injury (contracted an illness) and that the injury was caused by conditions at work.

Recovering Compensation When You Have Developed a Work-Related Illness

Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page or call our offices at 718-804-5430.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.