Category Archives: Occupational Illness

Injured? Don’t Wait To Report It

The New York Worker’s Compensation Law is a no-fault system that provides medical and monetary benefits to any worker injured while on the job. Though the threshold for establishing a worker’s compensation claim is not high compared to standards in other areas of the law, there are a few important things every injured worker should know. Claims can be rejected because too much time has passed (time-barred), so it’s important to report your injury to your employer and file a claim as soon as possible after the injury occurs.

Under New York law, an injured worker has two years after the date of their accident to file a claim with the Worker’s Compensation board. In the case of an occupational disease that is due to the nature of the job (like carpal tunnel syndrome), the worker has two years from the date that they knew or should have known that their injury was sustained in the course of employment. While two years may seem like a lot of time, many seemingly minor injuries can become much more serious down the line, so to protect yourself it’s important to file a claim as soon as possible after the injury occurs.

The law also requires that employers have adequate notice of the injury. For accidental injuries, the worker must notify their employer about the injury within thirty days of the accident. For an occupational disease, the time limit is relaxed to two years from the date that the worker knew or should have known that the condition was caused by their work activities. Adequate notice can either be oral or written, so even just telling your supervisor that you had an injury on the job is good enough. However, to prevent this from becoming an issue it’s best to fill out an accident report or to provide your employer with some form of written notice of your injury as soon as possible.

Though most claims will need to be reported and filed within these time frames, there are certain exceptions that may apply. If you have any questions about a work injury or how to properly file a claim, reach out to us for a free consultation.

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Action Needed To Ensure Sick 9/11 First Responders Receive Benefits

Animal Control Officer Diane DiGiacomo

A couple weeks ago, the Workers’ Compensation community was stunned over the outcome of the case of Animal Control Officer Diane DiGiacomo who developed cancer from exposure to toxins in the air after 9/11. Diane’s job was to search for and rescue pets near Ground Zero when many of the buildings surrounding the area were either evacuated or abandoned for weeks after the terrorist attack. 

Diane had filed a Workers’ Compensation claim after being diagnosed with breast cancer that had metastasized to her brain. The judge ruled that she was not entitled to New York State Workers’ Compensation benefits because she had not filed a timely claim. At the time of the ruling, Diane was bedridden and weighed a mere 60 pounds. Tragically, four days after the decision, she died as a result of her cancer. While my firm did not represent her, Diane’s tragic story touched many of us in the industry, whether as advocates for the injured worker or as defense counsel. What makes this case particularly sad is that the judge noted it was clear from the medical evidence that the cancer developed at least in part due to her exposure to the toxins in the air. Unfortunately, Diane was not entitled to Workers’ Compensation benefits because the deadline to register had passed.   

In order to be able to obtain Workers’ Compensation benefits for exposure after the 9/11 attacks, those who participated in the rescue, recovery, and clean up operations had to file a TWC-12 registration form prior to the current deadline of September 11, 2014. You did not have to actually be sick to file this form, but it preserved your rights if you worked in the area to file a claim later if you were found to be sick. It should be noted that the deadline has been extended twice because many of the illnesses such as cancer are slow starting and do not manifest themselves until many years after final exposure to toxins. The New York State Legislature has not extended this deadline again, at least as of this date.  

Officer DiGiacomo did not file her claim until sometime after September 11, 2014, because she was not actually diagnosed with cancer until after this date. According to the New York State Workers’ Compensation Board website, as of September 11, 2011, there were close to 49,000 WTC- 12 forms filed; however, hundreds or even thousands more may have been at the site doing rescue, recovery, and clean up and have not registered precisely because they were not sick as of the deadline or they didn’t know they had 9/11-related medical conditions. Perhaps it was based on their lack of understanding of the law or the opinion of some that they did not want to register because they somehow felt they would be taking benefits away from those who were already ill. Whatever the reason, it is imperative that the deadline once again be extended so that those who are currently ill, or become ill, have the full protection of the law.  

A bill introduced in the New York State Assembly by Assemblyman Peter J. Abbate, Jr., and co-sponsored by Assemblyman Phillip Goldfeder to extend the deadline to September 11, 2017, is still sitting in Committee. While Officer DiGiacomo did not live long enough to see the deadline extended, it is not too late to compensate her son and the rest of her family. Let’s make sure that those who helped get our city back on its feet are not forgotten.

 

Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.

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