Time Limits to Occupational Disease Workers’ Compensation Benefit Claims

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Robert Golan

When a worker gets injured or gets a disease from their work activities, they are quite often denied the benefits they deserve because a specific action cannot be pinpointed for the issue. This is not a necessary aspect to garner Workers’ Compensation benefits. Here’s why.

The Problem with Occupational Injuries and Workers’ Compensation

There is a clause that specifies occupational injury or disease. These conditions cannot be exacted to a specific event or time, but rather happen over a longitudinal period of time. Examples include those who work in the coal industry, construction and even those in less active positions in assembly and clerical work.

Each and every one of these situations may be compensated under New York laws. Seeking the aid of our Long Island Workers’ Compensation Law Firm can help in determining the merits of a claim.

Time Limits for Filing an Occupational Disease Case for Benefits

Occupational diseases are those that come about from doing a specific type of work, like asbestos removal. These injuries pay the same as on the job injuries. There is a two-year time limit for filing. That is two years from the time the disease was detected, or two years from the point in time when the employee should have known that the disease existed based on the nature of their work.

While this can get a bit touchy, contacting our experienced Long Island Workers’ Compensation lawyer will help protect rights and adherence to time limits. Many times the disability will exist and the person will still be able to work. This can make it hard to determine actual time limits. In these cases, a Judge will make the final determination.

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