Challenges Of Proving An Occupational Illness In New York

You probably already know about New York’s workers’ compensation benefits and how they’ll give you the financial support you need while in recovery. However, the process can be time-consuming and challenging if you have an occupational illness. If you’re in this situation, this guide will go through why filing a proving occupational illness is so difficult and how you can improve your chances of securing the benefits you need.

What Is An Occupational Illness?

An occupational disease or illness happens when you get sick because of your job. These medical conditions are relatively common in New York, with the Bureau of Labor Statistics (BLS) reporting 53,900 injury and illness cases in 2022 alone. While these may seem similar to workplace injuries, occupational illnesses develop over time. This key difference makes them harder for workers’ comp claim applicants to prove.

Common Occupational Illnesses For Workers’ Comp

While many types of occupational illnesses affect each industry, some conditions are a lot more common than others, including:

• Skin diseases
• Respiratory illnesses
• Hearing Loss
• Repetitive Stress Injuries
• Infections
• Cancer

Why Is Proving An Occupational Illness A Challenge?

Making the connection between an occupational illness and your career can be a long, drawn-out process. Here are a few main reasons why the Workers’ Compensation Board might reject your claim:

You Don’t Have Enough Evidence

The most successful cases have clear evidence that connects a person’s medical condition to their workplace. If your medical evaluations, workplace incident reports, and other documentation don’t line up, a judge can determine that it’s not enough evidence and dismiss your claim.

You Have A Pre-Existing Condition

May pre-existing conditions have similar symptoms or can cause other health issues. If you’re in this situation, it can be hard to pin your current illness on your job exposure alone. To get benefits, you need to prove that something specific at your workplace (repeated activities, poisonous chemicals, etc.) was the main cause of your current condition.

No Immediate Symptoms

With a single workplace injury, you can connect it to a single event, file your paperwork, and show evidence. Work-related diseases are a completely different story. These develop over time and may take years to show noticeable symptoms. If this is your case, it may be a lot harder to receive benefits without the help of a lawyer.

Different Deadlines For Different Conditions

In most cases, New York gives you two years to file a claim for an occupational illness from the time they receive their diagnosis and realize it was connected to their job. However, there are some expectations for this rule. Other conditions like hearing loss have a 90-day time limit from when the person finds out about their medical condition. Staying on top of these deadlines will help reduce chances of getting your claim dismissed.

How To Effectively Prove An Occupational Illness

Like any workers’ comp claim, there are a few steps you need to follow to increase your chances of getting approved, such as:

• Having detailed medical evidence of your condition
• Gathering relevant evidence of the workplace conditions that caused your illness
• Having reliable witness statements
• Discussing your condition with medical experts who can testify on your behalf

Additionally, having a workers’ compensation attorney who helps you with this process can make a massive difference in your case’s outcome.

Need Help Proving Your Occupational Illness?

Proving an occupational illness can be an uphill battle, especially if you’ve had it for years. Our experienced New York workers’ compensation attorneys can help you gather relevant evidence and prove the connection between your illness and workplace exposure. We’re committed to helping you seek justice and get the benefits you deserve. Please use our online contact form or call us at 855-208-7783 if you’re ready to take the next steps.