When most people think of workers’ compensation, they associate it with injuries from accidents or physical harm on the job. But what happens if an employee develops an illness or disease due to their work environment? Whether it’s exposure to harmful chemicals, prolonged stress, or repetitive tasks that contribute to a condition, illnesses can significantly limit an employee’s ability to work. If you’ve developed an occupational illness or disease, you may be eligible for workers’ compensation benefits while you’re unable to work.
Are Illnesses Covered By Workers’ Compensation?
Work-related illnesses and diseases are conditions contracted after exposure to risk factors in the workplace or work activities. In New York State, workers’ compensation covers many types of work-related illness, including:
- Allergic reactions
- Dermatitis or other skin diseases
- Asthma, chronic bronchitis, and other respiratory conditions
- Contagious, communicable conditions like COVID-19
- Cancers, asbestosis, and mesothelioma
- Mental illness such as post-traumatic stress disorder (PTSD)
It is more difficult to prove a claim for work-related illnesses than it is to establish a claim for an accidental injury. For example, say you fall at work and break your arm. You notify your supervisor and head to the hospital for treatment. In this scenario, your case is pretty straightforward. Circumstances become much less clear if you get sick over time, only to find out you were working in an area contaminated with mold.
How to Get Workers’ Compensation For An Illness?
To prove a workers’ compensation claim, you must report your injury or illness to your employer and see a doctor who accepts workers’ compensation insurance. If you are diagnosed with an illness you believe is work-related, report the condition to your employer right away. When you discuss the illness with your doctor, be sure to explain why you think your job or work activities caused your illness. Ideally, you should have or start to document symptoms and suspicions as soon as possible. This evidence may also help your doctor diagnose you with a work-related illness in your medical report, which the Workers’ Compensation Board will require.
If you can prove a work-related illness has occurred, you are entitled to medical treatment and compensation for lost time from work. A workers’ compensation claim for work-related illness would be free of co-pays for medical treatment and provide more financial compensation than standard New York State disability benefits. The lawyers at Lewis & Lewis can help you determine whether you have a valid claim for work-related illness.
