An occupational disease arises from the conditions to which a specific
type of worker is exposed. The disease must be produced as a natural
incident of a particular occupation, such as asbestosis from asbestos removal.

A person disabled by a work-related occupational disease receives the
same benefits as for an on-the job injury. However, the time limit for filing
a claim is the later of two dates:

-- Two years from the date of the disabled worker's disability; or
-- Two years from the time the disabled worker knew or should have
known that the disease was due to the nature of employment.

(In the case of death, the dependents must file within the stated time limits).

When a worker becomes ill from an occupational disease,
he/she may be disabled even if there is no lost time from work.
For purposes of determining the employee's right to benefits,
the date of disablement is determined by a Workers'
Compensation Law Judge.

Occupational Hearing Loss
In the event of occupational loss of hearing, other time limits apply.
The waiting period for a worker to file a claim is his/her choice of:

-- Three months from the date the worker is removed from
the harmful noise in the workplace; or
-- Three months after leaving the employment in which the
exposure to the harmful noise occurred.

The last day of either 3-month period is considered the date
the disability began. The worker may file beyond the two-year limit,
if it is done within ninety days of knowledge that the hearing loss is
related to his/her employment.

An injured worker's health care provider will determine the extent
of the disability. Cash benefits are directly related to the following
disability classifications:

Temporary Total Disability -- The injured worker's wage-earning
capacity is lost totally, but only on a temporary basis.

Temporary Partial Disability -- The wage-earning capacity is
lost only partially, and on a temporary basis.

Permanent Total Disability -- The employee's wage-earning
capacity is permanently and totally lost. There is no limit on the number
of weeks payable. In certain instances, an employee may continue to
engage in business or employment, if his/her wages, combined with
the weekly benefit, do not exceed the maximums set by law.

Permanent Partial Disability -- Part of the employee's wage-earning
capacity has been permanently lost on the job. Benefits are payable as
|long as the partial disability exists, except for schedule loss of use
(see below). If there are no reduced earnings as the result of the partial
disability, only medical benefits are payable.

Schedule Loss -- This is a special category of Permanent
Partial Disability, and involves loss of eyesight or hearing, or loss
of a part of the body or its use. Compensation is limited to a certain
number of weeks, according to a schedule set by law.

Disfigurement -- Serious and permanent disfigurement to the face,
head or neck may entitle the worker to compensation up to a
maximum of $20,000, depending upon the date of the accident.

Jonathan H. Poznansky, Attorney at Law
Representing New York Workers Since 1985

1688 Victory Boulevard
Staten Island, NY 10301
Map & Directions
Phone: (718) 442-1550
Fax: (718) 442-0552

At the offices of Jonathan H. Poznansky, Attorney at Law, we represent emplyees throughout NYC and particularly Staten Islanders, in all types of workers' compensation claims.