Angiuli & Gentile, LLP
We’ll Take It From Here. 347-201-4447

Workplace illness claims can be hard to prove

If you are familiar with workers' compensation law, you likely know that workers' compensation benefits are relatively easy to recover compared to many other types of compensation. Generally speaking, these benefits are provided by insurers who are being paid by your employer, and these payments are specifically designed to ensure that injured workers get the care and assistance that they need in the event of an accident. Much like how health insurance makes it easier and cheaper for you to afford health care, workers' compensation is designed to make recovery from workplace injuries easier.

Unfortunately, this ease-of-access does not apply to all levels of workers' compensation in the same way. For most issues of workers' compensation, the key is to prove that your injury happened on the job. When you suffer a physical injury such as a cut or a bruise, this is often simple to prove, but when it comes to illnesses, proving that your job caused the health issue can be much more difficult, and this may prevent you from receiving the compensation you deserve.

Take, for example, the story of a woman in Pennsylvania, who has been waiting eight years to receive the compensation she deserves. Reportedly, the woman's husband suffered brain damage due to chemical exposure at his place of work. Four years after the filing, a judge ruled in favor of the man, but he passed away back in 2014, still unable to collect on the compensation he deserved. His widow has yet to receive the compensation for lost wages or medical bills.

If you are injured on the job, or if your job makes you ill, you may think that you do not need the aid of an attorney because workers' compensation claims tend to be easy. However, this is not always the case, and especially when it comes to workplace illnesses, the assistance that an attorney offers you can be crucial to proving your case. This is particularly true in New York, where state laws place caps on compensation, which means that the severity of the injury can affect how much compensation victims receive.

Source: Healthline, "If Your Job Makes You Sick, You May Be Out of Luck," Kristen Fischer, Nov. 16, 2015

No Comments

Leave a comment
Comment Information

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.
View More

You Can Trust Angiuli & Gentile to Make a Difference

Schedule Your Consultation

Email Us to Get the Answers You Need

Bold labels are required.

Contact Information

Office Locations

Angiuli & Gentile, LLP
60 Bay Street, Penthouse Floor
Staten Island, NY 10301

Phone: 347-201-4447
Phone: 718-816-0005
Fax: 718-442-6408
Staten Island Law Office Map

Staten Island Office
1481 Hylan Boulevard
Staten Island, NY 10305

Phone: 347-201-4447
Phone: 718-816-0005
Staten Island Law Office Map

Staten Island chamber of commerce