In New York, Workers’ Compensation Process for occupational diseases should begin before the second anniversary in which the worker was diagnosed or become disabled. If the worker died as a result of this disease, his or her family have the legal right to file a claim for benefits. The first step is to identify the occupational disease and outline the process that led to its development.
Examining Occupational Diseases
Identifying the occupational disease defines how the worker was exposed within the work environment. For example, nurses and doctors could contract a wider scope of occupational diseases as they are in direct contact with patients possessing these conditions. They range from HIV to Anthrax.
Workers within factories could acquire an occupation-based disease or impairment such as severe hearing losses, exposure to radiations, and mesothelioma. The same is true of employees who work in shipyards or mills. Physical agents are often unstable in these locations and could cause a widespread probability of development.
How to File a Claim
The Workers’ Compensation Process for occupational diseases is the same as any work-related injury. The employee must file the C-3 form identifying their occupational disease and present documentation in reference to the prognosis of a possible recovery. The doctor who diagnosed the worker should submit the C-4 form to the Worker’s Compensation Board on their behalf.
The worker should also submit written documentation to their employer after they were diagnosed. They should maintain a copy of this notification and utilize certified mail for delivery. This provides proof that the notice was delivered and received. This prevents any conflict in terms of a denial by the employer that they had knowledge of this disease development. It also enforces their responsibility to submit a claim to their insurer and the board as outlined by the law.
Occupational diseases warrant not only the award of benefits, but also require employers to take action. This requires them to manage the conditions that led to this development to prevent further employees from suffering the same fate. Once these conditions are identified, the employer is obligated by law to submit claims for additional employees who contracted this disease during the same time that the claimant did. If you wish to learn more about these claims, contact Gilbert for further details.
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