The Workers’ Compensation Law of New York State, Section 28, requires that an occupational disease claim be filed within 2 years of the date of disablement and within 2 years after the claimant knew or should have known of the connection between his or her employment and the condition.
Examples of occupational diseases are carpal tunnel syndrome, non-traumatic back or elbow conditions, or any other medical diagnosis that is caused over the course of time by repetitive exposure or stress as opposed to a specific accident or trauma.
Occupational disease claims can be tricky but the Workers’ Compensation Board has much latitude is setting the date of disablement to accomplish a fair result.
Even if it has been more than 2 years since you first noticed symptoms of a work related condition, it is possible that you will still have a valid claim for benefits.
If you have questions regarding an occupational disease claim, please feel free to contact us for a free consultation.