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How long do you have to file a claim for an occupational disease?

On Behalf of | Sep 16, 2020 | Workers' Compensation |

When your work environment causes you to develop an occupational disease, you may want to file a claim in an attempt to help cover the costs of your medical care and make up for lost income. If, for example, you work in an environment that exposes you to asbestos and you develop asbestosis, mesothelioma or lung cancer as a result, you may wish to pursue workers’ compensation to help you cover related expenses.

You may wonder if there are limits with regard to how long you have to file your claim for your occupational disease, and such limits do exist.

Understanding limits for filing claims

According to New York’s Workers’ Compensation Board, you should receive the same benefits for a work-related illness as you would for a work-related injury. However, you must not waste time in making your claim.

To file a claim for work-related illness, you must do so by the later of two dates. You have either two years to do so from the date you experienced your disability, or two years to do so from the date you knew your disability was a direct result of your work environment.

Assessing your right to benefits

You may be able to find success in filing a workers’ compensation claim even if your occupational disease did not result in you missing work and losing income. Typically, when determining whether you have a right to workers’ compensation benefits, the date of your official disablement is up to a workers’ compensation law judge.

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