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Illness and disease in workers' compensation

Workers’ compensation may seem like a bit of a mystery, but it’s actually quite simple in most instances. The law exists to provide care for those who are injured or suffer an illness as a direct result of performing the functions of their job. Injuries in particular can be simple to prove, but illnesses may give victims pause. After all, if you fall ill, it can be difficult to tell just how much your occupation contributed to the illness.

If you are injured or fall ill and you believe that the circumstances of your job played a factor, it is advisable that you meet with an attorney to discuss the possibility of a workers’ compensation claim. An attorney may be able to also help you prove that your illness was caused by your job. An aspect of workers’ compensation that you may not be aware of is the protection afforded for occupational diseases.

An occupational disease is any chronic or serious health problem that arises due to exposure over a period of time. An example of an occupational disease would be developing carpal tunnel syndrome due to repeatedly performing the same tasks with your hands and wrists. If you can prove that the requirements of your job caused you to suffer a disease, it can be considered an occupational disease.

If you believe you have suffered a work-related illness, disease or injury, consider meeting with an attorney to discuss the benefits available to you through workers’ compensation. It’s important to meet with an attorney who is familiar with your state’s worker’s comp laws. For example, New York residents must take into account the cap on workers’ comp benefits, so it is in their best interests to enlist the aid of an attorney who knows how to maximize compensation.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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