New York Occupational Disease Lawyers

If you suffered an occupational disease and can no longer earn your usual wages, contact Fusco, Brandenstein & Rada, P.C. right now. You are entitled to workers’ compensation benefits for an on-the-job illness. Your employer’s insurer should provide the compensation you need to pay for your medical treatment and replace part of your lost income.

Occupational diseases are medical conditions related to specific job industries or occupations. The illness you were diagnosed with is likely related to the type of work you perform. For example, employees handling asbestos could suffer from mesothelioma. Dermatitis could develop from contact with a toxic chemical.

Whether your occupational illness is minor or life-threatening, you deserve to receive the benefits necessary to cover your illness-related losses. You shouldn’t suffer the adverse effects of your medical condition while paying out of pocket for incurred costs. Fusco, Brandenstein & Rada, P.C. is ready to file a claim on your behalf and get you the money you’re entitled to.

Our New York workers’ compensation lawyers know the challenges you face. It’s overwhelming to think about pursuing a workers’ compensation case when you’re treating your illness. Your employer’s workers’ compensation insurer should provide the maximum available benefits so you can pay your medical bills, daily living expenses, and additional costs. Let us be your advocate and fight for your rights.

Call Fusco, Brandenstein & Rada, P.C. for your free consultation today at 516-496-0400.

Occupational Diseases Eligible for Workers’ Compensation Coverage

According to the Workers’ Compensation Board, an occupational disease is an illness or condition associated with a job industry or specific occupation. Occupational diseases that can qualify for workers’ compensation benefits in New York include:

  • carpel tunnel occupational diseaseCarpal tunnel syndrome
  • Asbestosis
  • Lung disease
  • Asthma
  • Mesothelioma
  • Radiation exposure
  • Chronic obstructive pulmonary disease (COPD)
  • Hearing impairment and related disorders
  • Skin conditions, such as contact dermatitis and eczema
  • Mental illnesses
  • Musculoskeletal disorders
  • Cancer
  • Infectious diseases
  • Chemical poisoning
  • Cardiovascular disease

If you suffered an occupational disease while performing your job-related duties, do not hesitate to contact Fusco, Brandenstein & Rada, P.C.. One of our occupational disease lawyers in New York will review the circumstances to determine whether you qualify for workers’ compensation benefits.

Benefits Available in a Workers’ Compensation Claim

As a sick worker, you are entitled to certain benefits through your employer’s workers’ compensation insurance. You could collect benefit payments for your illness as long as there’s a link to your employment. If you were diagnosed with a disease unrelated to your job, you won’t qualify for coverage.

The two main benefits available through workers’ compensation are below.

Health Care

Health care benefits pay for the cost of treatments related to your work-related illness. Examples could include:

  • Assistive devices
  • Dental
  • Surgical
  • Optometry
  • Medical
  • Medically necessary drugs

You must treat your occupational illness with an authorized healthcare professional. That means a medical provider approved by the Workers’ Compensation Board. If you choose to see your own doctor, you could be forced to pay out of pocket for that treatment if they are not included on the Workers’ Compensation Board’s list.

Lost Wages

Lost wage benefits are available if your occupational disease affects you in at least one of the ways below:

  • Your disease prevents you from returning to your job for longer than seven days
  • You make less income because of your reduced hours or performing other work

Benefits payments should start within eighteen days of your diagnosis or within ten days of your employer learning about your occupational disease. You can’t collect lost wage benefits for the first seven days unless the effects of your condition last for longer than fourteen days.

Lost wage payments depend on the factors below:

  • Your average weekly wages from the previous year
  • Your degree of disability due to your disease

The insurance company will use a formula to calculate the amount of the payments you receive each week. The formula is two-thirds of your average weekly wage multiplied by your percentage of disability.

Benefits for Surviving Family of Deceased Workers

workers compensation occupational disease

If you lost your family member to an occupational disease, you could collect survivor benefits. The individuals below are entitled to weekly cash benefits:

  • Surviving spouse
  • Surviving minor children
  • Surviving dependents

The amount of each payment is two-thirds of the average weekly wage the deceased employee made for 52 weeks before the occupational disease was diagnosed. The Workers’ Compensation Board has established a maximum weekly benefit based on the date of the illness.

Funeral and burial expenses up to $12,500 are payable to surviving families in these counties:

  • Kings
  • Nassau
  • Bronx
  • Queens
  • Rockland
  • New York
  • Suffolk
  • Richmond
  • Westchester

All other counties in New York allow burial and funeral costs up to $10,500.

Steps to Take If You Suffer from an Occupational Disease

You should take immediate action following an illness suffered from your job. Complete every step below to recover the workers’ compensation benefits you deserve.

  • Report your illness – If your doctor diagnoses you with an occupational disease, inform your employer of it within 30 days. You’re not required to put this information in writing, but documentation will show you reported your condition as required by state law.
  • File an Employee Claim form – Your employer should provide a form to complete and file with the Workers’ Compensation board. You can print one online if you don’t receive it from your employer.
  • Make an appointment – Schedule an appointment with a doctor authorized by the Board. If your initial treating physician recommends follow-up care, listen to their instructions.
  • Maintain documentation of the illness – You should keep a copy of every medical record and bill associated with your disease. Medical evidence is valuable in workers’ compensation claims.
  • Hire an attorney – Contact Fusco, Brandenstein & Rada, P.C. for legal representation. Having an experienced lawyer on your side to guide you through the process can improve your chance of recovering the benefits you need.

Speak to a Dedicated Occupational Disease Lawyer in New York

Fusco, Brandenstein & Rada, P.C. has represented sick workers for over 40 years. You can count on us to handle your initial claim, file an appeal, or pursue a lawsuit. We will tirelessly work to meet your needs and secure the benefits you need to treat your occupational disease.

If your job caused your illness, contact Fusco, Brandenstein & Rada, P.C. today. We’re available 24/7 to discuss your case and advise the available legal options. Call 516-496-0400 for your free consultation with one of our New York occupational disease lawyers.

Last Updated : May 6, 2022
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