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Proving Occupational Disease for Workers’ Compensation Cases

Erwin, McCane & Daly | Wednesday, November 08, 2017
Traditionally speaking, occupational diseases are defined as ailments, or illnesses, that have been contracted due to a particular type of work, or work place environment. Employees who have contracted an illness due to their job are not restricted from filing for workers’ compensation claim. Much like workers’ comp cases that were the result of an employee being injured while working, those who are suffering from occupational diseases will need to prove that they are a result of their job or workplace environment.


The workers’ compensation law draws a line between occupational diseases and ordinary diseases of life. A person suffering from lung cancer, for example, will need to prove that the cancer was caused by their particular occupation. This is a taxiing process to face alone; having experienced representation on your side will ease the process.  The cautionary issue with occupational diseases is that they can develop over an extended period of time. As opposed to a work related injury which comes on suddenly and at once. In the event of death related to an occupational disease, the spouse or dependents must file within the states time frame outlined by the New York State Workers’ Compensation Board.


In cases where aggravations, or injury, are caused by an occupational disease, employees or dependents are required to prove the aggravation is a result of the occupational disease. 


An employee who is disabled due to a work-related occupational disease will receive the same benefits as someone who suffered from an on-the-job injury. 


Workers’ comp isn’t something you should face on your own, you need a team of experienced experts leading you through every step and defending your case. The attorneys of Erwin, McCane & Daly are well versed and leading experts in workers’ compensation cases. Don’t face this on your own, contact our attorneys today and we will handle the tribulations, putting your mind at ease.