The last thing an employee wants to worry about is developing an occupational disease while on the job due to actions outside of their control. Occupational Diseases aren’t limited to serious illness such as cancer. They can be defined as any ailment that is caused by any work related activity in their specific field. For example, Lead Poisoning, Asbestosis, Silicosis, GERD, Asthma, Chronic Rhinitis are just examples of typical Occupational Disease claims from our construction employee clients. Whether an illness is considered an occupational disease really does depend on the type of illness. If a sickness were to be classified as an occupational disease, the compensation would fall under the workers’ compensation insurance that most companies in New York must have. Your employer’s workers’ compensation insurance will protect you and provide medical & indemnity (cash) benefits for lost income. Insurance carriers and employers often fight Occupational Disease claims so it is crucial to have an experienced team of lawyers by your side to navigate these difficult cases.
Flushing Occupational Disease Lawyer
Occupational disease cases are a little different from most workers’ compensation cases. Often there is a delay plus some difficulty in identifying the proper, liable insurance carrier. This usually occurs when employees are employed at multiple locations (such as construction workers who may work for multiple employers over the years, and even during the same year). Occupational Disease claims have a tendency to develop over a period of months and years. An experienced team of attorneys can help identify the proper employer and liable insurance company. Occupational diseases are not limited to diseases per se, it also includes illnesses such as lead poisoning and respiratory issues caused by your work environment. Repeated exposure to chemicals is another major cause of Occupational Disease claims. These often occur in manufacturing industries. Respiratory diseases tend to be common and often found in construction industry workers, especially “sand hogs”, who use heavy machinery to dig. Carpenters, iron workers, laborers, bridge painters and the like are often subjected to occupational hazards. We’ve decades of experience litigating and winning benefits for our clients in such cases. Many of these cases can result in life-long medical necessities, resulting in large and complex workers’ compensation cases. We recommend you do not ignore initial signs of a potential workplace injury or occupational disease — have it examined before you face large ongoing medical expenses and have an experienced attorney research a remedy that will compensate you for your lost time from work.
Occupational Disease Complexities
While most workers’ compensation cases carry a high degree of complexity — occupational disease claims can be even more difficult. The focal point within an occupational disease case claim is the discovery and timing of the condition in question. With the proper research and investigation, liable parties can be determined and the correct benefits necessary to make the injured party whole become evident — leaving little room for the insurance companies to dispute. With this complication in mind – it can often take a lot of discussion and research between lawyer and insurance company in order to obtain a client the compensation they deserve. Dealing with this can be some of the most frustrating times in someone’s life and having an experienced lawyer makes the process faster & easier and therefore less mentally draining.
What is an Occupational Disease?
By definition under the Workers’ Compensation Law, an occupational disease is any condition or disorder resulting from the specific factors and requirements of your employment. For instance, if you are an asbestos handler and are identified as having asbestosis, this problem would be considered an occupational disease under the law. If you deal with radioactive substances and develop cancer, this too would be an example of an occupational disease. Another example of a common occupational disease is lead poisoning from commercial paints. Many bridge painters have problems with lead poisoning due to daily contact with lead paint fumes, scrapings and dust.
Many construction workers suffer from the effects of dust and silica exposure, causing severe respiratory and gastrointestinal problems. Many of these conditions are debilitating and can cause long term injury or death. These conditions include GERD, rhinitis, COPD, asbestos-related pleural disease, asbestosis, silicosis, occupational asthma, and many other diagnoses.
Exactly what is a Repetitive Trauma?
Within the Workers’ Compensation Law, there is no specific designation for “repetitive trauma.” These are simply physical injuries arising out of repetitive on-the-job movements. A lot of these types of injuries are debilitating and permanent, often resulting in surgery and the necessity for extended medical care & rehabilitation. Common examples of “repetitive trauma” include
- Carpal Tunnel Syndrome
- Cubital Tunnel Syndrome
- Tarsal Tunnel Syndrome
- Cervical & Lumbar Conditions
- Trigger Finger Conditions
- Occupational Hearing Loss
- Occupational Vision loss
Why Do You Need An Experienced Attorney?
As occupational disease and repetitive claims go, they are some of the more challenging cases to win. Many times the insurance company will immediately decline such a claim, resulting in the necessity for extended litigation. The injured worker will be called to testify to their job duties, exposure and other factors. Their doctors will be deposed by the insurance company’s defense experts. It is our job to prepare you for your testimony, ensure the medical documentation is in order, and litigate the matter to a satisfactory result.
Lawyers with Occupational Disease Experience in Flushing
At Savino & Smollar, we have the experience in handling all types of Occupational Disease and repetitive trauma claims. We will continue to work with you and your doctors to acquire both the medical and wage benefits you are entitled to. If you have developed an Occupational Disease while working, or have questions about the law surrounding these claims, please call us for a FREE CONSULTATION at (917) 882-6213, or visit our website: www.savinosmollar.com For your convenience we have 3 locations to help clients near Flushing: in Manhattan, Queens & Staten Island.