Toxic substance injuries and the NY Workers' Compensation system
When people think of work injuries, typically an orthopedic injury such as a herniated disc or broken bone comes to mind. There is no question that these are the most common type of injuries that workers face. These injuries are usually the result of a specific event, and are known as accidents, meaning that they happened on a specific day at a specific time. Orthopedic injuries such as those mentioned above can also result from repetitive motion over time. These injuries are known as occupational diseases. Both accidents and occupational diseases are compensable injuries under NY Workers' Compensation Law.
However, an injury does not have to be orthopedic in nature for an injured worker to have a Workers' Compensation case. Unfortunately, exposure to toxic substances including chemicals, dust, mold, smoke, fumes and any number of other substances that can be harmful to workers are also common. Like orthopedic injuries, these exposures can be accidental (specific day at a specific time) or occupational (repeated exposure over a long period of time) in nature.
What to do first after a work-related exposure to toxic substances
There are different reporting requirements for each of these types of injuries. The best practice is to let your employer know immediately, in writing, if you have suffered any kind of injury or toxic exposure. Failure to let your employer know of a work-related injury in a timely manner can bar you from receiving both medical treatment and lost wage benefits as an injured worker.
If you were exposed to harmful substances at work, it is important to obtain the material safety data sheets for the chemicals/substances involved, and then contact your doctor to discuss the exposure. You may also need to meet with a medical provider that specializes in these types of occupational injuries to obtain an opinion on causal relationship. Here in New York, we are lucky to have the Occupational Health Clinical Network that can diagnose and treat these types of work-related toxic exposures. The Occupational Health Clinical Network is a network of 9 clinics around New York State that help prevent, diagnose, and treat occupational injuries such as toxic exposures.
MCV Law is here to help.
New York Workers' Compensation benefits are designed to help cover the medical expenses, lost wages, and other costs associated with work-related injuries and illnesses that occur in our state. If you or a someone you know has suffered injuries due to a hazardous exposure while at work, please contact MCV Law for a free consultation today. We can provide you with an eligibility assessment and guide you through every step of the NY Workers' Compensation process. Depending on the nature and affects of the exposure, you may also be entitled to Social Security Disability benefits, and/or have grounds for a Personal Injury claim, all of which is within our firm's scope of work.
We are here to protect your rights and maximize your compensation. Connect with our experienced team today, and take the first step towards getting your life back.