New York Laws Regarding Occupational Disease

Filing a workers compensation claim for occupational disease or illness is covered under NY workers compensation law.

Not all workers compensation claims are due to a work related accident. Some occupations have particular hazards associated with the work, such as workers engaged in asbestos removal who contract asbestosis. Another hazard example is a worker exposed to a carcinogen known for causing cancer and who subsequently develops cancer.

The New York Workers Compensation Board recognizes occupational disease and grants benefits for disabled workers. Workers who become disabled due to occupational disease are eligible to receive the same compensation as workers injured in accidents on the job.

Examples of Occupational Diseases

Examples of occupational diseases resulting from the nature of the work environment include:

  • Respiratory diseases
  • Mesothelioma
  • Silicosis
  • Asthma
  • Lead poisoning
  • Metal fume fever
  • Progressive massive fibrosis

Time Limit for Filing a Workers Compensation Claim

Workers must file their claims based on one of the following:

  • Two years from the date of the disabled worker’s disability
  • Two years from the time the disabled worker knew or should have know that the disease resulted from the nature of the work

Even though a worker may not lose time from work, because the occupational disease is a type of disability, workers still have rights to benefits. A Workers’ Compensation Law Judge will determine the date of disablement.

Different time limits apply to hearing loss caused by working conditions. You must file within the following time limitations:

  • Three months from the date you are removed from the harmful noise in the workplace
  • Three months after leaving the employment where the harmful noise exposure occurred
  • Within the two-year limit if the filing is done within 90 days of the knowledge that the hearing loss was related to employment.

Based on workers compensation law, the disability begins the last day of the three-month period.

Sometimes workers trying to collect workers compensation run into problems with insurance companies. An experienced workers compensation lawyer can help you overcome the obstacles related to your claim.