How to Handle a Workers Comp Claim for Occupational Diseases in NY

If you’re dealing with an occupational disease and wondering how to navigate the process of filing a Workers Compensation claim in New York, we understand how overwhelming it can feel. The stress of managing your health while worrying about your job and finances can leave you uncertain about what to do next. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we know that this can be a difficult time for you. It’s important to remember that you don’t have to go through this alone. Our team is here to guide you through every step, offering the support you need to pursue a successful outcome in your case.

Richard H. Cole

Richard H. Cole
Partner

Thomas Hewner Esq.

Thomas F. Hewner
Partner

Donna Haslinger

Donna L. Haslinger
Partner

Vivian Roche

Vivian P. Roche'
Partner

Keith Rosso

Keith R. Rosso
Attorney

Tasha D. Frazie

Tasha D. Frazie
Attorney

Understanding Occupational Diseases and Workers Comp

When most people think of workplace injuries, they imagine accidents that happen suddenly, like a fall or a machine malfunction. However, an occupational disease is a condition that develops over time as a result of work-related factors. These diseases can affect workers in many industries, particularly those who are exposed to harmful substances or repetitive stress.

Occupational diseases can include respiratory conditions like asthma or lung disease caused by inhaling dust or chemicals, skin diseases from prolonged exposure to irritants, hearing loss due to loud noises in the workplace, and repetitive strain injuries such as carpal tunnel syndrome. These conditions often develop slowly, and it can be challenging to link them directly to the workplace without proper guidance.

The Workers Comp Process in New York

Filing a Workers Compensation claim for an occupational disease in New York involves a few specific steps. It’s crucial to start by reporting the disease to your employer as soon as you become aware that your condition is related to your job. This ensures that the claim process can begin, and your employer will notify their Workers Comp insurance carrier.

Next, you’ll need to see a doctor who is authorized by the New York Workers Compensation Board. This doctor will help you understand your diagnosis and treatment plan while documenting your condition for your claim. It’s vital to keep detailed medical records, as these will be used to prove that your occupational disease is work-related.

Once you have the necessary medical documentation, your attorney will help you file the claim. This is where having an experienced lawyer on your side can make a significant difference. They can help you ensure that all the necessary paperwork is filled out correctly, and they will work to make sure you meet all the deadlines.

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What Happens After Filing a Claim

After you’ve submitted your claim, the Workers Compensation insurance company will review your case. This can take some time, as they will need to investigate the details of your occupational disease and its connection to your job. The insurance company may request additional information or medical records to support your claim.

During this time, it’s important to stay in contact with your attorney to ensure that you don’t miss any deadlines or requests for information. If your claim is approved, you will begin to receive benefits that can help cover your medical expenses and lost wages. However, if your claim is denied, don’t worry. You have the right to appeal the decision, and your attorney can guide you through that process as well.

The Importance of Evidence in Your Claim

The key to a successful Workers Comp claim for an occupational disease is the evidence that you can provide. This includes medical records, workplace records, and testimony from your doctor or other medical professionals who can attest to the fact that your condition is a result of your work environment. It’s important to document everything carefully and ensure that all medical visits, diagnoses, and treatments are properly recorded.

In some cases, employers or insurance companies may try to argue that the disease is not work-related or that it was caused by something outside of your job. Having solid evidence is essential to countering these claims. An attorney can assist you in gathering the right evidence and presenting it in the most effective way possible to strengthen your case.

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What if My Claim is Denied?

Dealing with Delays and Denials

Workers Compensation claims are not always approved right away, especially when it comes to occupational diseases. Since these conditions often develop slowly and may not show immediate symptoms, proving the link between your illness and your work environment can be difficult. Insurance companies may attempt to delay or deny claims by arguing that the disease was caused by other factors or that it’s not covered under Workers Comp.

If your claim is denied or delayed, it’s important to know that you still have options. You have the right to request a hearing before the New York Workers Compensation Board, where you can present your case to an administrative law judge. This is where having an attorney who understands the system can be incredibly helpful. They will help you prepare for the hearing, gather any additional evidence you may need, and represent your interests during the hearing.

The Role of Your Attorney

Navigating the Workers Compensation system can be complicated, especially when it involves occupational diseases. While you’re focusing on getting better, your attorney will work on your behalf to make sure that your claim is handled correctly. From the initial paperwork to any appeals, having someone who is knowledgeable about the process and the specific requirements for occupational disease claims can help ensure that everything is in order.

An experienced attorney will know how to present your case in the most compelling way and will ensure that all the necessary documentation is included. They will also help you understand the laws surrounding Workers Comp in New York, including what types of diseases are covered, the deadlines you need to meet, and how to protect your rights throughout the process.

Getting the Right Benefits

If your claim is successful, Workers Compensation benefits can cover a variety of expenses, including medical bills, lost wages, and rehabilitation costs. In some cases, you may also be entitled to compensation for permanent disabilities or the cost of long-term care. The amount of benefits you receive will depend on factors such as the severity of your disease, your ability to return to work, and your overall medical condition.

While Workers Compensation can help cover these expenses, it’s not always enough to cover all of your needs. In certain situations, you may be able to pursue additional legal action if you feel that your employer or another party is responsible for your condition beyond the scope of Workers Comp. Your attorney will help you explore all your options and determine the best course of action.

Handling a Workers Compensation claim for an occupational disease in New York can be challenging, but you don’t have to face it alone. With the right support, you can ensure that your claim is properly filed and that you receive the benefits you deserve. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to guide you through every step of the process, from filing your claim to appealing a denial. We understand how difficult it can be to manage both your health and your case, and we are committed to helping you achieve a positive outcome. If you’re ready to take the next step, reach out to our team today and let us help you navigate the complexities of your Workers Comp claim.

To learn more about this subject click here: Can I Be Fired for Filing a Workers Comp Claim in New York?

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