What Is an Occupational Disease and How Do You Prove It in a Workers’ Comp Claim?

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Cindy Cordova

Legal Writer at The Orlow Firm | Website

Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.

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• July 5, 2025

Quick Answer: An occupational disease is an illness or condition directly caused or aggravated by factors present in your workplace. To successfully prove an occupational disease in a workers’ compensation claim, you must clearly show the link between your work environment and the development or worsening of your illness. It’s distinct from common ailments; it’s a condition tied to the specific hazards of your job, not one the general public is equally likely to contract.

Here’s a breakdown of occupational diseases and how to prove them:

Examples of Occupational Diseases:

• Respiratory illnesses: Such as asthma, COPD, or other lung conditions, often from exposure to dust, fumes, or chemicals at work.
• Skin conditions: Like dermatitis or irritations caused by specific chemicals or substances.
• Hearing loss: Resulting from prolonged exposure to loud noises without adequate protection.
• Musculoskeletal disorders: Including carpal tunnel syndrome or other repetitive strain injuries from job tasks.
• Certain cancers: Directly linked to exposure to asbestos or other carcinogens in the workplace.
• Infectious diseases: Like tuberculosis or hepatitis, contracted by healthcare workers due to patient exposure.
• Mental health conditions: Such as PTSD or other conditions connected to traumatic workplace events.

How to Prove an Occupational Disease in a Workers’ Comp Claim:

1. Establish a Connection to Work: Provide a detailed description of your job duties, environment, and potential exposures (chemical, physical, biological, or psychological). Identify and document specific workplace hazards relevant to your condition.
2. Medical Evidence: Obtain a comprehensive medical report. This report should clearly state your diagnosis, the date of diagnosis or first awareness, and a detailed explanation of how your work environment likely caused or aggravated your condition. Include information on treatments received.
3. Diagnostic Testing: Provide results from all relevant medical tests, such as X-rays, blood tests, hearing tests, or pulmonary function tests, that support your diagnosis and its connection to work.
4. Expert Testimony: If the link between your work and illness isn’t immediately obvious or is complex, consider obtaining expert medical opinions to clearly explain the connection.

Consider Specific Circumstances:

• Latency Period: Occupational diseases can take time to develop. Claims may need to be filed within a specific period after diagnosis or when you first become aware of the connection to your work.
• Public Exposure: You must show that the disease is not one the general public is equally likely to contract; it must be specifically related to your work.

Document Everything:

• Keep detailed records of all your medical treatment, diagnoses, and the progression of your illness.
• Maintain records of your job duties, any workplace incidents, and specific exposures.
• Keep copies of all relevant documents, including medical reports, diagnostic test results, and your own written statements.

Key Points:

• Legal Advice: Consulting with an experienced workers’ compensation attorney, especially those involving occupational diseases, can be beneficial, as these claims often present significant complexities.
• Timeliness: It is crucial to file your claim as soon as possible after you become aware of the condition and its potential connection to your work, as strict deadlines apply under New York law.
• Burden of Proof: In an occupational disease claim, the responsibility rests on the injured worker to present sufficient evidence to prove the causal link between their work environment and the development or aggravation of their illness.

By gathering strong medical and factual evidence and seeking legal guidance, you can increase your chances of successfully proving an occupational disease and obtaining the workers’ compensation benefits you deserve.

How Are Occupational Diseases Different from Workplace Injuries?

Occupational diseases and workplace injuries are both covered under New York workers’ compensation law, but they are not the same thing. Understanding the difference is important when filing a claim.

Occupational diseases develop over time. They are caused by long-term exposure to harmful conditions at work. This can include chemicals, dust, loud noise, or repetitive actions. For example, a construction worker in NYC who breathes in asbestos for years and later develops lung disease may have an occupational disease.

Workplace injuries, on the other hand, happen suddenly. These include accidents like slipping, falling, or getting hurt by a machine. A delivery driver in Queens hit by a car while on the job, or an office worker in Manhattan who falls off a ladder, would be examples of workplace injuries.

Here are key differences between the two types of claims:

• Cause: Occupational diseases happen over time from repeated exposure. Injuries are caused by single events or accidents.
• Diagnosis: Diseases may not be noticed right away. They often appear weeks, months, or even years later. Injuries are usually immediate and easy to identify.
• Reporting: Injuries must be reported soon after they happen. Occupational diseases give you more time to file, starting from when you learn or should have known that your job caused the illness.
• Proof: Diseases often need medical records and expert opinion to link the illness to your job. Injuries are often easier to prove, especially if witnessed or caught on video.

Because occupational diseases can take time to show and are harder to link directly to your job, these claims may be more complex. If you’re suffering from a long-term health issue and believe it may be job-related, it’s important to understand your rights under New York workers’ comp laws.

For help with your claim or to better understand if you qualify, contact The Orlow Firm at (646) 647-3398 for a free consultation.

What Are Common Types of Occupational Diseases in NYC?

Occupational diseases are illnesses caused by exposure to harmful conditions at work. These diseases usually develop over time, not from a one-time accident. In New York City, where many workers are exposed to unique risks, certain health problems come up more often than others.

Here are some common types of occupational diseases reported in NYC:

• Respiratory illnesses: Workers who breathe in dust, fumes, chemicals, or asbestos can develop serious lung problems. Common examples include asthma, chronic bronchitis, and asbestosis. This is especially common in construction, demolition, and janitorial work.
• Skin conditions: Jobs involving frequent contact with chemicals, cleaning products, or solvents can lead to skin diseases like dermatitis or eczema. Restaurant workers, cleaners, and health care workers are often affected.
• Hearing loss: Long-term exposure to loud noise on construction sites, in factories, or near subway systems can lead to permanent hearing damage.
• Repetitive stress injuries: These are injuries that develop from doing the same motion over and over. Carpal tunnel syndrome is a common example and often affects office workers, cashiers, and assembly line workers.
• Lead poisoning and toxic exposure: Some NYC workers, especially in older buildings or during renovations, may be exposed to lead, mold, or toxic chemicals. These can affect many parts of the body and may not show symptoms right away.
• Occupational cancers: Some chemicals found in building materials, manufacturing plants, or beauty salons may be linked to certain cancers. These cases can be hard to detect since symptoms may appear years later.
• Infectious diseases: Health care workers, emergency responders, and those in public service roles face increased risk of exposure to serious infections such as hepatitis, HIV, or COVID-19.

The type of disease often depends on the worker’s environment and routine tasks. For example, a construction laborer may be exposed to asbestos or silica dust when breaking down old buildings. A nail salon worker might inhale harmful chemicals used in polishes and glues. A subway maintenance worker might face daily noise levels high enough to cause gradual hearing loss.

If you suspect your health issue is related to your job, it’s important to speak with a medical professional. You should also report your condition to your employer as soon as possible. Early documentation can help when filing a workers’ compensation claim.

How Do You Prove an Occupational Disease in a Workers’ Comp Claim?

To prove an occupational disease in a workers’ compensation claim, you’ll need to show that your illness was caused by your job. Unlike sudden injuries, occupational diseases often develop over time, which can make them harder to link directly to your work. The insurance company will want clear proof connecting your medical condition to specific tasks or exposures at your job site.

Here are the main steps to proving an occupational disease in New York City:

• Get a medical diagnosis: You must first be diagnosed with a disease or condition that is linked to your work. This could be anything from lung disease caused by breathing in harmful chemicals to carpal tunnel syndrome from repeating the same motion for years.
• Show a direct link to your job: Your doctor must clearly connect your illness to your work. This connection is called “causation.” For example, if you worked around asbestos and later developed a breathing disorder, your doctor should explain how the exposure likely caused your condition.
• File an official medical report: Your treating doctor must complete a medical report that supports your claim. This report should state that you have an occupational disease and that your job duties likely caused it. In New York, these reports must follow specific workers’ compensation rules.
• Provide a detailed work history: You may need to give a full work history, especially if you’ve worked in more than one job that involved exposure to harmful substances. This helps to pinpoint when and where the disease likely started.
• Submit evidence to the Workers’ Compensation Board: Once you have the right medical records and documents, you or your attorney will need to submit them to the New York State Workers’ Compensation Board. These materials will be reviewed to decide if your claim is valid.

Claims involving occupational diseases often face delays or disputes because symptoms can take months or even years to appear. In some cases, your employer or their insurance company may argue that your disease is not work-related. That’s why properly documenting your condition from the start is so important.

Having a medical provider who understands the connection between your job duties and your illness can make a big difference. So can keeping thorough records of your symptoms, treatments, and job conditions.

If you’re unsure how to gather or present this proof, speaking with a New York City workers’ compensation attorney can help you understand your rights and what steps to take next. For support with your occupational disease claim, you can contact The Orlow Firm at (646) 647-3398 for a free consultation.

What Evidence Is Needed to Support Your Occupational Disease Claim?

To successfully file a workers’ compensation claim for an occupational disease in New York City, you need strong evidence. This evidence must prove that your illness is linked to your job and not caused by something outside of work. Collecting the right documents and information is key to getting the benefits you may be entitled to.

Here are the main types of evidence that can help support your occupational disease claim:

• Medical Records: You must have medical records that clearly show your diagnosis. The records should also explain how your illness is related to your work environment or job duties.
• Doctor’s Opinions: It’s important to have a statement from your doctor or a specialist. They need to say that your condition is more likely than not caused by your job. This is sometimes called a “medical causation” opinion.
• Work History: Provide a detailed history of your job duties, how long you held each position, and the tasks involved. This can help connect your illness to specific exposures at work.
• Exposure History: Show proof that you were exposed to harmful substances or repeated stress over time. This could include reports of chemicals used on the job, safety data sheets, or known risks in your field.
• Coworker Statements: Testimony from coworkers can help support your claim if they saw you doing the work or were exposed to the same conditions and have similar health problems.
• Employer Records: Some employers keep records of workplace hazards, safety complaints, or air quality tests. These records can be helpful to prove exposure.
• Incident Reports: If you reported symptoms to your employer or filed earlier complaints, try to gather those documents. They can show that your illness was job-related and reported in a timely way.

For example, if you worked in construction and developed lung disease, you might need to show records of repeated dust exposure. If you worked in an office with poor ergonomics and developed carpal tunnel syndrome, you would include job descriptions and medical reports linking the condition to computer use.

Every case is different, but showing a clear connection between your job and your illness is key. The more medical and work-related evidence you have, the better your chances of having your claim approved.

If you’re unsure where to start or need help gathering this evidence, feel free to contact The Orlow Firm at (646) 647-3398. We are here to support you through the process with compassion and clarity.

Who Qualifies for Workers’ Compensation for an Occupational Illness in NYC?

In New York City, workers may qualify for workers’ compensation benefits if they become sick due to their job. This includes illness from repeated exposure to harmful substances or conditions at work. These types of illnesses are called occupational diseases. To qualify, you must meet certain legal requirements under New York State workers’ compensation laws.

Here are the basic conditions to qualify:

• You must be an employee: Independent contractors don’t usually qualify. However, many employers mistakenly classify workers, so it’s worth checking your status.
• Your illness must be job-related: Your job must have caused or worsened the disease. For example, breathing in dust at a construction site may lead to lung disease.
• The condition must meet the definition of an occupational disease: It must happen over time, due to the nature of the work. It’s not caused by a one-time accident.
• You must report your illness and file on time: You have limited time to notify your employer and file a claim. Delays can hurt your right to benefits.

Some examples of workers who may qualify include:

• Office workers who develop carpal tunnel syndrome from constant typing
• Construction workers who get lung disease from years of breathing in asbestos or silica dust
• Healthcare workers who get infected due to repeated exposure to diseases
• Factory workers who develop hearing loss from loud machinery over many years

Your employer’s insurance may cover your medical bills, part of your lost wages, and other benefits if your claim is accepted.

It’s important to remember that even if your symptoms started years after you left the job, you may still qualify if the illness was caused by that work. Proving this connection, however, can be challenging. Medical records, expert opinions, and job history are often needed.

If you’re unsure whether your condition qualifies, or if your claim has been denied, speaking with a qualified workers’ compensation lawyer can help. To discuss your situation in confidence, contact The Orlow Firm at (646) 647-3398.

How Long Do You Have to File an Occupational Disease Claim in New York?

In New York, there are strict deadlines for filing a workers’ compensation claim related to an occupational disease. Missing these deadlines can put your right to benefits at risk, so it’s important to act quickly once you learn about your condition.

Under New York Workers’ Compensation Law, you must file your claim within:

• Two years from the date you knew or should have known that your illness was related to your job.
• OR two years from the date of your last job exposure to the condition that caused the illness—whichever is later.

This rule is different from claims involving accidents. With diseases, the illness often takes time to appear. Because symptoms may develop slowly, the deadline starts only when you become aware of the connection between your job and your illness.

Example: If you worked in a factory and were exposed to harmful chemicals over many years, and then were diagnosed with lung disease months after leaving that job, your deadline likely starts when the doctor tells you the disease is work-related—not when you stopped working.

It’s also important to let your employer know about your illness as soon as possible. You must notify your employer within 30 days of learning about the occupational disease in most situations. Even if this 30-day period passes, you might still be eligible for benefits—but delay can make your claim harder to prove.

To protect your rights, take these steps as soon as possible:

1. See a doctor and get a medical diagnosis.
2. Tell your employer about the illness and explain how it may be related to your work.
3. File a claim with the New York State Workers’ Compensation Board.

Understanding when the “clock starts ticking” on your claim can be tricky. If you’re unsure about your timeline or how to start the process, speaking with a qualified workers’ compensation attorney may help. For compassionate guidance and support, contact The Orlow Firm at (646) 647-3398 to schedule a free consultation.

Can You Get Workers’ Comp Benefits If Your Illness Developed Over Time?

Yes, you may still be able to get workers’ compensation benefits in New York if your illness developed over time. These types of health problems are called occupational diseases. An occupational disease happens when a person gets sick because of something in their workplace. Unlike sudden accidents, these illnesses often take months or even years to appear.

For example, if someone works around toxic chemicals for a long time and later develops a lung disease, that could be considered an occupational disease. In New York City, this can affect people in many different jobs—such as construction workers, building maintenance staff, or office workers exposed to poor air quality or mold.

You do not need a single, sudden event to qualify for workers’ comp. What matters is that:

• Your job conditions caused or worsened your illness , and
• You can show a clear link between your work and your medical condition .

The New York State Workers’ Compensation Board recognizes that many illnesses come from regular exposure to harmful conditions at work. Cancer from long-term asbestos exposure, carpal tunnel syndrome from repetitive typing, or respiratory problems from dust or toxic fumes may all be covered under workers’ compensation.

It’s important to act as soon as you know or suspect your job caused your health problems. New York has specific deadlines, and delays could affect your claim. A doctor’s report tying your illness to your workplace helps support your case. The sooner you get medical attention and report the illness, the better.

If you believe your illness is related to your job—even if it developed slowly—don’t wait. Speak with a workers’ compensation attorney who can help you collect the right medical evidence and file your claim properly. For guidance, contact The Orlow Firm at (646) 647-3398 for a free and confidential consultation.

What If Your Employer Denies Your Occupational Disease Claim?

If your employer or their insurance company denies your occupational disease claim, don’t panic. A denial doesn’t mean your case is over. You still have options in New York City to fight for the benefits you may need and deserve.

Here are common reasons an employer or insurer might deny your claim:

• Lack of medical proof: They may argue there’s not enough medical evidence linking your illness to your job duties.
• Late filing: If you didn’t notify your employer or file your claim within the allowed time frame, they could deny the claim.
• Pre-existing condition: They may claim your condition existed before your current job and wasn’t caused by work.
• Dispute about your job: Your employer might argue your illness isn’t related to the type of work you do.

If your claim is denied, you can file an appeal with the New York Workers’ Compensation Board. This is a legal process where a judge will review your case and any new evidence you provide.

Steps to Take After a Denial

1. Review the denial letter: This letter should explain why your claim was denied. Understanding the reason helps you know what to focus on in your appeal.
2. Gather more evidence: You may need additional medical records, doctor opinions, or job history details that show your illness is related to your work.
3. File a claim form: You must file a formal claim with the New York Workers’ Compensation Board (Form Employee Claim – C-3) if you haven’t already.
4. Request a hearing: If the issue isn’t resolved, you can request a hearing before a Workers’ Compensation Law Judge.

In New York City, proving an occupational disease requires clear evidence that your job directly caused or worsened your condition. This might include showing that the illness is common in your type of work and that you were exposed to harmful substances or repetitive tasks over time.

The appeals process can be challenging without legal guidance, especially when dealing with insurance companies and court procedures. Having someone who understands New York’s workers’ compensation laws on your side can make a big difference.

If your occupational disease claim was denied or you need help with the next steps, The Orlow Firm is here to support you. Call (646) 647-3398 for a free, confidential consultation.

FAQ: Occupational Disease and Workers’ Comp in NYC

1. What is an occupational disease?
   An occupational disease is a health condition caused by exposure to hazards at work. It can include lung diseases, skin conditions, or repetitive stress injuries that develop over time. Common causes include inhaling dangerous chemicals, constant loud noise, or performing the same motion over and over again.
2. How is an occupational disease different from a workplace injury?
   A workplace injury usually happens suddenly, like slipping and falling. An occupational disease develops slowly from repeated exposure to harmful conditions. For example, if someone develops hearing loss from years of working in a noisy factory, that’s considered an occupational disease.
3. Can I get workers’ comp for an illness I got from my job?
   Yes. If your illness happened because of your job duties or exposure at work, you may qualify for workers’ compensation. This includes medical treatment and lost wages. Diseases must be connected to your work environment to qualify.
4. What if I didn’t know I was sick until months later?
   Many occupational diseases take time to appear. In New York, the clock usually starts when you knew or should have known your illness was related to your job. But certain time limits still apply, so it’s important to act quickly once you realize your illness might be work-related.
5. Do I need proof that my illness was caused by my job?
   Yes. You must show a clear connection between your illness and your job. This may involve medical records, expert opinions, or work history showing exposure to harmful conditions. A doctor’s report linking your job to your illness is often necessary.
6. Can multiple jobs cause an occupational disease?
   Yes. If you worked for more than one employer doing the same type of work, each may have contributed to your condition. New York law allows you to file a claim even if more than one job was involved. An attorney can help you figure out how to file in this case.
7. What happens if my employer denies my claim?
   If your employer or their insurance company denies your workers’ compensation claim, you still have options. A hearing can be requested through the New York Workers’ Compensation Board. At the hearing, a judge will decide your case based on the evidence.
8. What benefits can I receive for an occupational disease?
   Workers’ comp benefits may include:
   Medical care for your work-related illness
   Wage replacement if you’re unable to work
   Permanent disability benefits if your condition doesn’t improve
   Survivor benefits for the family if a worker dies from a work-related disease
9. Do I need a lawyer for an occupational disease claim?
   You’re not required to have a lawyer, but these claims can be hard to prove. Having legal help can make it easier to gather the right evidence and meet deadlines. If your claim is denied, a lawyer can also represent you at hearings.
10. How can The Orlow Firm help?
    If you or a loved one is dealing with an occupational illness in New York City, The Orlow Firm can explain your rights and help protect them. For a free consultation, call us today at (646) 647-3398. We’re here to help you take the next steps with care and confidence.

Contact The Orlow Firm for a Free Consultation on Your Occupational Disease Claim

If you believe your illness was caused by your job, it’s important to talk to a workers’ compensation attorney who understands occupational disease claims. These types of cases can be complicated. You may not know when the illness started or how to prove that your job caused it. At The Orlow Firm, we help New York City workers and their families understand their rights and options under workers’ compensation laws.

We offer free, no-obligation consultations to discuss your case. You don’t have to face this alone.

Our attorneys will take the time to:

• Listen to your story and understand how your job may have caused your illness.
• Explain your legal rights in clear and simple terms.
• Help gather evidence such as medical records and work history to support your claim.
• Advise you on the next steps to get the workers’ comp benefits you may be entitled to.

Whether you’re suffering from lung disease due to toxic exposure or repetitive strain injuries from daily tasks, we’re here to help NYC workers from all industries—construction, healthcare, transportation, education, and more.

If your claim has already been denied, we can also assist with filing an appeal or working through the hearing process with the New York State Workers’ Compensation Board.

Call The Orlow Firm today at (646) 647-3398 to schedule your free consultation. We’re committed to helping workers in every borough of New York City get the support and information they need during this difficult time.

The Following People Contributed to This Page

Cindy Cordova

Legal Writer at The Orlow Firm | Website

Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.

Read More