New York 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 New York City 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 New York, 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 New York 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.
New York 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:
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.
INJURED? LET US HELP
In New York, 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.
- 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 New York City 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.
New York City 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
- 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 New York City 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.
Dependable New York City 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 New York City 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.
Determining Liability in an New York 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.
The sooner you contact a personal injury attorney in New York City 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:
Filing Court Documents
The Discovery Process
Pre-Trial Litigation and Motions
Arrange Your Free Consultation in New York
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.
Contact us today for a free consultation and let us assist you in moving forward after this challenging time.