Welcome to our Workers Comp 101 series! Be sure to check out our other posts about What is Workers Comp? and Who is Covered By Workers' Comp? Everyone should know the rights that they may be entitled to and these articles are designed to help understand Workers' Comp Law in NY State.
Now that you know what it is... what are the different types of Workers Comp cases?
An event, arising out of and in the course of employment that results in personal injury to a worker. An accident can be anything: Something fell on top of you, a slip on a wet surface, and assault from a coworker or inmate, all of these are considered Accidents.
The benefits due for an accident vary depending on many factors including severity of the injury and the location of the injury. Check out our Schedule Loss of Use Guide for more information on the value of your body parts.
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 or carpal tunnel syndrome as a result of typing for the length of your career.
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
(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
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.
When a claimant has passed away at work or due to an existing work injury/illness, the Next of Kin should file a C-62 (with the appropriate documentation) to the Board. The form C-64 would need to be filed by the last treating physician stating how the deceased death is causally related to work (or the previous work injury). The C-65 would be completed by the funeral Home.
**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**