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Workers' comp illnesses can affect timeline

For every type of civil and criminal case brought before the courts, there is a time period known as a statute of limitations by which legal action must be taken. Failure to take legal action within the allotted time can make it much more difficult or even impossible to recover any damages or compensation, no matter how valid your claim may be.

The statute of limitations for workers' compensation in New York ends two years after the injury was suffered, or from the last compensation payment, depending on which comes later. For many workplace accidents and injuries, this is not a difficult issue to address, but when it comes to workplace illnesses, things become more complex. If you are suffering from a chronic illness that was caused by your occupation, how do you determine exactly when the illness affected you? And how can you then prove it?

This struggle can be the difference between recovering the compensation that you deserve and being left to deal with a life-altering illness on your own. This can not only affect your health, but it can also affect your finances as you try to pay for treatment and recovery. This is why workers' compensation benefits are so important.

Often workers' compensation benefits are relatively easy to acquire because they are offered by your employer, but sometimes insurance companies do not wish to pay out, especially for illnesses that they believe were not caused by your occupation. If you are attempting to recover workers' compensation benefits for a workplace illness, consider meeting with an attorney to help you with your workers' compensation claim.

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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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