Were you diagnosed with an occupational disease in New York? At Hurwitz, Whitcher & Molloy, we are trusted New York occupational disease lawyers with more than 50 years of experience representing injured workers.
If your doctor has linked your illness to your job, you may be dealing with ongoing treatment, reduced hours or no work at all, and an insurance carrier that questions whether the condition is work-related. These claims are harder to prove than a single workplace accident because the harm builds over months or years. Hurwitz, Whitcher & Molloy has represented injured workers before the New York State Workers’ Compensation Board since 1970. Our New York occupational diseases lawyer gathers the medical and employment evidence that connects the condition to your work and pursues the benefits the law provides. Contact our office to schedule a free consultation.
Occupational Diseases Lawyer New York
Our New York occupational diseases lawyer represents workers whose illness or condition developed from the nature of their job. No single accident is involved, which separates these claims from an on-the-job injury caused by one event. The condition results from repeated exposure to a substance, a motion, or an environment that is characteristic of the occupation. In New York, these claims go through the workers’ compensation system, and the worker does not have to prove that the employer was negligent.
Private industry employers in New York reported 7,500 workplace illness cases in 2024, according to BLS illness data. That figure counts only the cases employers recorded. Our New York occupational disease attorneys document the exposure, establish the date of disablement, and present the claim to the Board.
Types of Occupational Disease Cases We Handle in New York
Occupational diseases affect workers in factories, hospitals, offices, construction trades, and public service. The conditions below are common subjects of workers’ compensation claims. Each one requires medical proof that links the diagnosis to specific duties or exposures.
- Occupational hearing loss. Years of exposure to machinery, power tools, or engine noise can cause permanent hearing damage. These claims follow their own timing rules, and we review audiograms and work history to establish when the loss occurred.
- Asbestos-related diseases. Asbestosis, mesothelioma, and lung cancer can appear decades after a worker handled insulation, pipe covering, or brake materials. Our New York occupational diseases attorneys trace the worker’s job sites and employers to identify where the exposure took place.
- Occupational asthma and lung disease. Dust, silica, fumes, and chemical vapors damage the airways of workers in manufacturing and construction. Pulmonary testing and a detailed exposure history form the core of these claims.
- Repetitive stress conditions. Carpal tunnel syndrome, tendonitis, and similar conditions result from the same motion performed thousands of times. A New York occupational diseases attorney at our firm documents the specific tasks, tools, and hours that caused the condition.
- Chemical and toxic exposure. Lead, solvents, and other industrial chemicals can cause neurological damage, organ damage, and blood disorders. We obtain safety data sheets and workplace testing records when they exist.
- Occupational cancers. Certain cancers are associated with long-term exposure to carcinogens at work. These cases depend on medical opinion, so we ask treating physicians for a clear written statement on causation.
- Skin diseases. Contact dermatitis and chemical burns affect health care workers, cleaners, machinists, and others who handle irritants daily. Photographs, treatment records, and product information support the claim.
- Infectious diseases. Health care and laboratory workers can contract illnesses through contact with patients or specimens. The evidence must show that the exposure was a recognized feature of the job.
Why Choose Hurwitz, Whitcher & Molloy as My Occupational Diseases Lawyer in New York?
Decades of Practice Before the Workers’ Compensation Board
Founder Melvyn L. Hurwitz limits his practice to representing injured clients before the New York State Workers’ Compensation Board. He earned his law degree from the State University of New York at Buffalo School of Law in 1962. Mr. Hurwitz belongs to the Workplace Injury Litigation Group, the Injured Workers’ Bar Association, and the New York State Bar Association. Together, our five attorneys have more than 125 years of combined experience. Some occupational diseases are caused by a product or substance that an outside company made. Our personal injury lawyer in New York may recommend a separate lawsuit in those cases.
Free Consultation and Prompt Communication
Our New York occupational diseases attorneys offer free consultations. Our legal assistants average more than 20 years in the field. We have helped thousands of clients with their claims. Contact us today to meet with a member of our team about your work-related condition. We may be able to pursue payment so you can receive the care that you need at this time.
Understanding Occupational Disease Cases
Damages, Liability, and Compensation for Occupational Disease Cases
Workers’ compensation is a no-fault system. You do not have to show that your employer did anything wrong. In exchange, the benefits are limited to the categories below.
- Medical care. Treatment for the disease is covered, including specialist visits, testing, medication, and medical equipment.
- Lost wage benefits. Weekly payments replace a portion of your average weekly wage while the disease keeps you out of work or reduces your earnings. These payments are the core of the workers’ compensation benefits the system provides.
- Permanent disability benefits. If the condition does not resolve, the Board classifies the disability. A permanent partial disability classification affects how long payments continue.
- Vocational services. Vocational rehabilitation helps workers who cannot return to their former occupation.
- Death benefits. A surviving spouse and dependent children may receive weekly benefits and funeral expenses when an occupational disease is fatal.
Workers’ compensation does not pay for pain and suffering. A lawsuit against a negligent third party, such as the manufacturer of a toxic product, can. That lawsuit requires proof of fault, and New York’s comparative negligence rule reduces the damages by the injured person’s share of responsibility. For an injury caused by the latent effects of exposure, the three-year lawsuit filing period starts from the date the injury was discovered or reasonably should have been discovered. Workers who cannot return to any job may also qualify for Social Security Disability.
What Are Important Aspects of an Occupational Disease Case?
Timing and medical proof decide most occupational disease claims, including when working with our New York occupational diseases attorneys.
- The filing deadline. Under the Workers’ Compensation Law, an occupational disease claim must be filed within two years after disablement and after you knew or should have known that the disease was caused by your work.
- The date of disablement. The Board sets this date. It affects the deadline, the benefit rate, and which employer and insurance carrier are responsible.
- Medical causation. A physician must state that the job caused or contributed to the condition. New York’s regional occupational health clinics diagnose and treat work-related diseases.
- Notice to the employer. You should tell your employer in writing as soon as you learn the condition is work-related. Late notice and thin medical evidence are frequent reasons claims get denied.
- Employment history. A disease with a long latency period may involve several employers, so the dates and duties of each job matter.
What Is the Occupational Disease Case Timeline?
Every occupational disease claim moves through the Workers’ Compensation Board. A contested claim takes longer than an accepted one.
- Diagnosis and reports. A provider authorized by the Workers’ Compensation Board diagnoses the condition and files medical reports.
- Claim filing. We prepare and file the claim with the Board and confirm that the employer and its carrier have been notified.
- Carrier response. The insurance carrier either accepts the claim and begins payments or contests it. The carrier may also schedule an independent medical examination.
- Hearings. A Workers’ Compensation Law Judge hears testimony and medical evidence on the disputed issues. The Board dispute process includes a right to appeal.
- Classification and resolution. Once the condition stabilizes, the Board addresses permanency. Some claims end with a negotiated settlement.
What Should You Bring to Your Occupational Disease Consultation?
Records allow us to evaluate causation at the first meeting, and we recommend bringing the following when meeting our New York occupational diseases lawyer:
- Medical records and test results that state your diagnosis are the most useful documents.
- A list of employers, job titles, and dates of employment helps us identify the responsible carrier.
- Information about the substances, equipment, or tasks involved in your work supports the exposure history.
- You should also bring any letters from the Board, your employer, or an insurance carrier.
The consultation is free, and one of our New York occupational disease lawyers will explain whether you have a claim, which benefits apply, and which deadlines control.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
At Hurwitz, Whitcher & Molloy we can review your diagnosis and work history at no charge. We explain your options and begin gathering medical evidence once you decide to proceed. Our phone line is answered 24 hours a day. Contact us to schedule a free consultation with our New York occupational disease lawyer.