Occupational diseases often develop over time, which can make them more challenging to detect and diagnose than other types of workplace injuries. At Nappa, Monterosso & Poznansky, LLP, our occupational disease lawyers in Staten Island understand that a delayed or denied workers’ compensation claim can have a serious impact on your health and financial security. Here, our workers’ compensation lawyers in the greater NYC area share common mistakes that can jeopardize your claim and how to avoid them.
Missed Deadlines
One of the most common missteps in occupational disease claims is failing to meet important deadlines. Typically, in New York, you must inform your employer of your condition within 30 days of learning that it’s work-related. You must also file your workers’ compensation claim within two years of when you discovered or should have known that your occupational illness was connected to your work.
Notify your employer in writing as soon as your doctor suggests your condition might be related to your job. Even if you’re unsure, it’s better to report it and speak to an occupational disease attorney in New York as soon as possible. Our workers’ compensation lawyers in Staten Island can evaluate your case and advise you of the most effective way to move forward.
Meeting Other Deadlines in the Claims Process
In addition to notifying your employer and submitting a workers’ compensation claim, there are other deadlines that must be met for an ongoing case. It’s important to pay attention to dates for submitting medical reports and other evidence and attending independent medical exams (IMEs) and hearings. If your occupational disease claim is denied, contact a workers’ compensation lawyer right away, as there are also tight deadlines that apply to each stage of the appeals process. Our occupational disease attorneys keep track of all deadlines for you and make sure nothing falls through the cracks.
Not Following Through with Medical Treatment
Another reason that occupational disease claims are denied is failing to follow through with medical treatment. Missing doctor’s appointments, delaying care, or ignoring treatment plans can lead to your employer’s insurer arguing that you’re not truly ill or injured or that failing to obtain proper treatment made your condition worse.
Attending all medical appointments, undergoing diagnostic tests, and following your doctor’s recommendations can help you avoid setbacks with your occupational disease claim. If you’re unsatisfied with your current physician or specialist, you have the right to choose another doctor authorized by the New York State Workers’ Compensation Board (WCB).
If your employer uses a Preferred Provider Organization (PPO) for workers’ compensation, you’ll probably have to see a doctor within that network first. However, after 30 days of treatment within the PPO provider, you can then switch to another doctor authorized by the WCB. If the insurance company asks you to attend an independent medical exam (IME) with one of their doctors, we can prepare you and follow up if the report is inaccurate or biased.
Our occupational disease lawyers know that these requirements can seem convoluted and confusing. We help you understand how the system works and ensure you comply with the rules surrounding medical treatment in workers’ compensation claims.
Insufficient Documentation
Missing or inconsistent information can easily derail your case. Make sure to include your medical records, employment history, the timeline of your symptoms, and details about the working conditions that caused your occupational disease. For example, if you’re suffering from an occupational lung disease due to asbestos exposure, documenting where you were exposed and how your work environment contributed to your illness is crucial.
As soon as you suspect you may be suffering from an occupational disease, start documenting everything.
- Keep a log of your symptoms, including the date when they first started and daily notes about how you feel
- Make a list of your employment history, job duties throughout the years, and anything else that connects your condition to your work
- Write down dates and types of all doctor visits and diagnostic tests
- Ask your doctor to clearly document whether your occupational disease is related to your work and get copies of your medical records
Submitting a claim that lacks essential information can lead to delays or workers’ compensation denials. Omitting prior work history, important dates, or details about when your condition developed and why it’s work related can keep you from painting a clear picture of how your job contributed to your occupational disease.
Our Staten Island occupational disease lawyers have helped workers in the greater New York City area for more than 30 years. We’re familiar with the New York State Workers’ Compensation system, local judges, and the WCB. Our workers’ compensation attorneys know what type of evidence and details to include. We help you accurately and thoroughly prepare and submit your claim to the WCB, which gives you a better chance of it being approved without the need for an appeal.
Dealing with an Insurer Before Consulting a Workers’ Compensation Lawyer
Your employer’s insurer may ask you to give a statement, sign medical release forms, or offer a settlement that seems like a good deal. While these things may seem harmless, insurance companies are always looking for ways to deny workers’ compensation claims and minimize payouts. For example, signing a medical release form could give an insurer access to unrelated records that could be used to claim you have a pre-existing condition that isn’t work related.
It’s easy to unknowingly waive important rights and protections or accept an insufficient settlement if you’re unfamiliar with the workers’ compensation claims process. Do not sign anything or accept a settlement from an insurance company without consulting an experienced workers’ compensation attorney first.
Our occupational disease lawyers can review your case and determine the best course of action for maximizing the benefits you’re entitled to receive. We are well-versed in reviewing complex medical evidence and proving how your disease developed over time. Your workers’ compensation lawyer voraciously negotiates on your behalf and protects you from insurance tactics that are designed minimize or deny your claim.
Returning to Work Too Soon
Unfortunately, your employer may pressure you to return to work before you’re ready. Going back to work before you’re medically cleared can cause your condition to worsen, risking your health and your workers’ compensation benefits.
If your employer offers light-duty work, make sure it adheres to your medical restrictions. If it doesn’t, you’re not required to accept it. It’s best to avoid returning to work until your doctor says it’s safe and you’ve discussed it with your occupational disease attorney.
Failing to Appeal a Denied Occupational Disease Claim
You may feel defeated if you receive a workers’ compensation claim denial, but don’t give up. Many denials happen due to technicalities or missing information that can be provided in an appeal. Your workers’ compensation attorney can help you initiate the appeals process, prepare for and represent you in hearings, and fight to help you get the benefits you need and deserve.
Why Choose Our Staten Island Occupational Disease Lawyers?
We know that occupational disease claims can be challenging, especially when you’re trying to focus on your health. Our compassionate workers’ compensation lawyers take the weight off your shoulders and fight for the full compensation you’re entitled to receive. Attorney and partner Rolando Cubela provides our Spanish-speaking clients with the quality legal representation they need to navigate workers’ compensation and Social Security Disability claims with confidence.
Contact Our Workers’ Compensation Attorneys in Staten Island
If you need assistance with an occupational disease claim in New York, our team at Nappa, Monterosso & Poznansky, LLP, can help. Contact us or call 718-273-9000 today to schedule a free consultation with a workers’ compensation lawyer in the greater New York City area.
