Search Site
Menu
Occupational Diseases: Eligible for New York Workers’ Compensation

We all know that on-the-job injuries resulting from catastrophic accidents, such as ladder falls or injuries from malfunctioning machinery, can result in workers’ compensation claims. However, there’s another type of injury that can cause you to miss work and will qualify you to receive support, and that is an occupational disease.

The New York State Workers’ Compensation Board defines an occupational disease as one that “arises from the condition to which a specific type of worker is exposed.” In order to qualify for workers’ compensation, the disease or injury must have resulted naturally from some distinct feature of the work that you do. For example, if you are required to enter data into a computer as part of your job, or work as a stenographer, and you subsequently develop carpal tunnel syndrome, you may be able to seek compensation for your injury. For someone who has worked in a field requiring them to lift and move heavy loads on a regular basis, damage to the discs in the spine that has accrued over time could be a compensable injury.

Even if you’ve worked at a number of different professions that have cumulatively caused the injury, the claim would be filed against your most recent employer. Additionally, you need not still be employed at the job where the condition was caused in order to file a claim. The time limit to file a claim for an occupational disease is either two years from the diagnosis of the job-related disease, or two years from when the worker knew or should have known that the disease had resulted from the job.

If you’ve experienced hearing loss from a noisy workplace, rules for filing a claim are slightly different. You have three months from either the date you’re removed from the job that involves a damaging amount of noise, or from the date you leave the job that caused your hearing loss, by which to file a claim.

Even if you don’t miss work as a result of the disease, it is possible to still qualify as “disabled” for the purposes of being compensated. A Workers’ Compensation Law Judge would instead determine the date by which you were disabled. An experienced workers’ compensation and disability attorney will understand how best to show that your injury was caused on the job and deserves compensation, even if you haven’t been forced to miss work.

For assistance with occupational disease claims and other New York workers’ compensation and disability questions, contact Highland workers’ compensation attorney Peter Cordovano at 845-691-4200.

Contact us

Please fill out the form below and our attorney will contact you.

Quick Contact Form

Our Office
  • Highland Office
    1 N Roberts Road
    Highland, New York 12528
    Phone: 845-691-4200
Awards
  • Martindale-Hubbell AV Preeminent Peer Review Rating Badge showing Peter M. Cordovano is rated AV Preeminent
  • Avvo Rating Badge showing Peter M. Cordovano is rated a 9.0 Top Attorney
  • New York State Bar Association Logo
  • New York State Trial Lawyers Association Logo
  • Manhattan College
  • Touro Law College logo
Testimonial
  • "Peter, you can go ahead and start paperwork. I know it’s not a fair settlement, but I’m drowning. Don’t know what else to do Thank you for everything you’ve done for me. I really do appreciate you."  -–Valerie S

  • "I hope that this letter finds you in good spirits and in excellent health. I know we’ve had our difficult moments (usually due to my constant need for reassurance from you). But there isn’t a day that I don’t thank God for your levelheadedness and perseverance. Thank you."  -–Eileen

  • "Dear Peter, We can’t thank you enough for all of your help! We appreciate it more than you know! Thanks."  -–Rick, Debbie & Ricky

  • "I would like to thank you for all you have done for me and my family. You’re the best!"  -–A. Chambers

  • "Many thanks for your donation to our 2nd Annual Huskies 5K Challenge. The event was a tremendous success due in large to your generous support."  -–HMS PTA

  • "Thank you for sponsoring me to play on the Dutchess Debs. I am having lots of fun and learning a lot. I look forward to the upcoming spring season."  -–Jordan C.

  • "We are so tardy thanking you so please know we are so grateful for your time with us, prep phone calls to Bob Lackaye and follow up work on behalf of Spencer. We are resting with her anxiety about moving forward and pushing Spencer out to be a part of the workforce and world again. Believe me we are so thankful for the many miracles since the accident on July 12, 2014! Thank you for meeting us and assessing Spencer and his needs in such a caring and professional way. Your staff was friendly, caring and supportive the entire time we were in touch with your office. Many thanks for your time! Blessings to you all!"  -–D.E

  • "Dear Peter, Thank you so very much for your thoughtful and beautiful plant. Believe it or not, it will join the one you sent 5 years ago which has developed into many others too!"  -–Fondly, Deb & Jo

  • "Mr. Cordovano, Hello! First, I’d like to thank you for the job you did on my case earlier this year! I really appreciate all you did, and will refer anyone I know that needs wc legal help to you! I opened my mail today and received this! I was rather surprised. MAC NEEDS to pay this. It was from the day I hurt myself! Thanks again for all your help!"  -–Sincerely, Ferris Rugar

  • "I wish to thank Peter Cordovano and the rest of your staff for a job well done. Your excellent services and hospitality will be shared and highly recommended. Thanks again so much."  -–John Dorn.