When a worker is exposed to dangerous conditions on the job, they may at some point, whether it be during the time they are working or later down the road, get a disease. An occupational disease is directly related to the dangerous conditions that were related to your job. For example, many people who work in the removal of asbestos from old homes and buildings end up with asbestosis, lung cancer, and pulmonary fibrosis because they inhaled so much asbestos over the years. Obtaining an occupational disease may also be the case for a number of other professions.
When you file a personal injury claim for an occupational disease, you may become eligible for the same benefits as you would be able to receive as a workers’ compensation claim for a workplace injury. It is important to note that you will have to file your claim for an occupational disease no later than two years from the time in which you became aware or should have reasonably been aware that the disease was a direct result of your employment. If this is a situation in which the employee actually died because of an occupational disease, the dependents of the deceased employee must also file a claim within the two-year time limit.
If you have been the victim of an occupational disease, it is important that you consult with an experienced personal injury attorney who can assess your situation and help you put together a case.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.