Manhattan Worker Compensation for Occupational Disease Lawyer

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Worker's Compensation Lawyer for Occupational dieases

Occupational diseases are health issues or chronic conditions that develop as a result of your job or workplace conditions. If you or your loved one is suffering from a work-related illness, our skilled occupational diseases lawyer in Manhattan can assist you in seeking benefits for medical treatment and lost wages through a workers’ compensation claim.


At Gabriel Legal Injury Lawyers, we have been dedicated to advocating for personal injury and workplace accident victims since 2008. Whether you need guidance with your insurance claim or representation in legal proceedings, we are here to provide comprehensive support throughout the process.

Workers’ Compensation Benefits for Occupational Diseases

Occupational diseases are illnesses that arise within the scope of your employment. If you have a health condition related to your job performance or exposure to hazardous substances at work, you have the right to pursue a workers’ compensation claim.


In Manhattan, workers who have been affected by occupational diseases are entitled to seek benefits similar to those injured in workplace accidents. The workers’ compensation benefits available in Manhattan include:


  • Medical Coverage: As per the New York Workers’ Compensation Law, you are eligible for medical coverage to receive necessary treatment for your occupational illness. This coverage can last for up to 400 weeks and encompasses expenses such as diagnostic tests, prescription medications, medical procedures, physical therapy, nursing care, travel expenses, and other essential treatments.
  • Partial Wages: If you qualify for disability benefits, workers’ compensation will provide wage replacement payments. You will receive 66% of your average weekly wage, up to a maximum of $725 per week, until you can return to work. These wage benefits can be paid for up to 400 weeks. Additionally, if you experience partial disability, you may be eligible for two-thirds of the difference between your pre-injury and current weekly wages.
  • Death Benefits: In the unfortunate event of the death of a loved one due to an occupational disease, surviving dependents may receive death benefits. These benefits can include medical coverage for the deceased worker’s illness, compensation for funeral and burial expenses, and partial wage benefits.
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Manhattan Worker Compensation Practice Areas

Seeking Additional Damages through Personal Injury Lawsuits

In some cases, you may be able to pursue additional damages through a personal injury or wrongful death lawsuit. While you generally cannot sue your employer if they have workers’ compensation insurance (which is required for most businesses in New York State with three or more employees), there are exceptions where legal action can be taken: Your employer fails to provide workers’ compensation coverage. Your employer’s insurer wrongfully denies your claim, underpays your settlement, or engages in bad-faith practices. A third party, such as an equipment manufacturer or job site owner, is liable for your condition. A personal injury lawsuit allows you to seek damages not covered by workers’ compensation, including medical expenses, lost wages (including bonuses and benefits), loss of future earning capacity, physical pain, emotional distress, mental anguish, reduced quality of life, and loss of support, guidance, and consortium for a deceased loved one.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:


Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.


Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.


Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.


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In Manhattan, workers' compensation law requires establishing certain criteria to receive benefits for occupational diseases:

  • Establish a direct link between your occupational illness and workplace conditions.
  • Demonstrate that your health problems resulted from workplace exposure.
  • Confirm that your condition is not the result of exposure to toxic substances from an external source.
  • Verify that your occupational disease is not an illness typically encountered by the general public.
  • Prove that your illness originates from factors specific to your workplace.
Our experienced Manhattan occupational diseases lawyer specializes in helping clients meet these requirements. Using medical records, scientific research, expert opinions, and more, we can provide the necessary evidence to support your claim. Our legal team can also assist you in various ways, including:
  • Challenging the discontinuation of your medical benefits.
  • Advocating for your rights if your employer attempts to rush you back to work before you are medically ready.
  • Resolving disputes related to your choice of physician or covered treatment.
  • Appealing denied or undervalued workers’ compensation claims.
  • Representing you during State Board of Workers’ Compensation (SBWC) hearings.
  • Providing representation at trial if needed.

Take the first step with our Firm

Initiating your workers’ compensation claim within the required timeframes is crucial. You must report your occupational disease to your employer within 30 days of becoming aware of your illness. In most cases, you have one year from the date of notification to file your claim, though exceptions may apply. If your claim is denied or you disagree with the settlement, you have one year to file an appeal.


If legal action is a possibility in your case, Section 214 of the CPLR allows for three years to file a personal injury or wrongful death lawsuit. Our Manhattan lawyers are well-versed in these deadlines and can help you ensure your claims or lawsuits are filed on time. Get started today with a free consultation offered by our team.


Manhattan Occupational Diseases Lawyer Near Me (212) 463-8888


Common Occupational Diseases

Occupational diseases encompass a range of health conditions, some of which include:

  • Skin conditions
  • Allergies
  • Asthma
  • Chronic obstructive pulmonary disease (COPD)
  • Fertility and pregnancy abnormalities
  • Lower back disorders
  • Carpal tunnel syndrome
  • Infectious diseases and bloodborne illnesses

If you are suffering from a health condition caused by repetitive strain or exposure to chemicals, irritants, or other harmful substances, our dedicated Manhattan occupational disease lawyers are ready to fight for your rights. With our years of experience, we will handle your case, allowing you to focus on your health and family.


Frequently Asked Questions

Dependable Manhattan Occupational Disease Lawyers at Gabriel Legal Injury Lawyers

At Gabriel Legal Injury Lawyers, we are dedicated to our clients’ well-being, striving to achieve the best possible outcome for you and your family. When you choose to work with us, you can expect personalized and professional legal services throughout the entire process. We prioritize clear communication, ensuring that you always have access to your attorney or case manager on the same day you reach out to us.


To learn more about our Manhattan workers’ compensation lawyer, contact us for a complimentary consultation. We will provide detailed information about our firm and how we can represent you on a contingency basis, alleviating financial concerns as we pursue your case.

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Determining Liability in an Manhattan Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in Manhattan after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:


Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.


Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.


Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.


The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co


Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.



If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Manhattan

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Manhattan Worker Compensation for Occupational Disease Lawyer

4.8 Stars


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