Because Fine, Olin & Anderman, LLP (FOA) is committed to working with union members, everything we do is to benefit the worker. Whether you come to FOA because you have been injured on the job and are eligible for Workers’ Compensation, or can no longer work and need Social Security Disability Benefits, have a Personal Injury, or need an attorney for General Legal Services or Veterans Disability Benefits, we will be right there with you every step of the way, no matter how long it takes.
When to Report an Injury and File a New York Workers’ Compensation Claim
If you have a work-related accident or injury or if you believe you have an occupational disease or illness, you should always report it to your employer within 30 days even if you are uncertain you will need medical treatment at the time of the incident. You have two years from the date of injury to file a claim with the New York State Workers’ Compensation Board. Here is how the Workers’ Compensation Board defines accident and occupational disease:
Accident is defined as: “An event, arising out of and in the course of employment that results in personal injury to the worker.”
Occupational Disease is defined as: “A disease arising from employment conditions for a class of workers, with the disease occurring as a natural incident for particular occupations, distinct from and exceeding the ordinary hazards and risks of employment. To be considered an occupational disease, there must be some recognizable link between the disease and some distinctive feature of the workers’ job.”
For occupational disease, if you or your doctor suspect that your illness is related to work, you should file a workers’ compensation claim. You do not have to prove the illness was caused solely by the exposure to a hazardous substance on the job, or solely by the specific work you do. However, you and your physician must be prepared to argue that your specific work or identified work-related exposure contributed to your illness.
Examples of occupational disease/illness include: