Workers’ compensation in New York is designed to cover work-related injuries or illnesses. At first glance, cancer may not appear to be a work-related illness, but certain types of cancer can qualify you for workers’ compensation benefits.
Lung cancer, mesothelioma, skin cancer and leukemia are examples of cancers that can be caused by exposure to substances or chemicals in the workplace. Exposure to asbestos can cause lung cancer or mesothelioma, while benzine, which is a chemical used in manufacturing industries, can potentially cause leukemia.
Unlike workplace injuries that occur due to a sudden or unexpected event, cancer is a workplace injury that develops over time due to repeated exposure to dangerous workplace conditions.
Proving your cancer is work-related to qualify for workers’ compensation benefits can be challenging, since cancer is not commonly viewed as a workplace injury.
You must have strong evidence prepared to prove your case
A major piece of proving your workers’ compensation claim is having the best possible medical documentation. Have copies of your diagnosis and treatment plan, along with notes from your doctor showing a link between your diagnosis and workplace conditions.
Expert testimony will likely be necessary. Medical, health or environmental experts can provide crucial testimony and explain exactly how workplace exposure caused or contributed to your cancer. You must establish a direct connection between your workplace and your cancer.
Additionally, you will need evidence of the specific substances or conditions that were present in your workplace. For example, if you want to prove that asbestos caused your cancer, you must show that asbestos exists in your workplace.
Photographs, company records or documentation of safety or health violations can help establish hazardous conditions. Testimony from other employees who experienced exposure to the substance is also helpful evidence.
When it comes to proving a link between your cancer and workplace exposure, the more evidence you have, the better.
Types of workers’ compensation benefits
If you have work-related cancer, you could receive several types of workers’ compensation benefits. Workers’ compensation can cover medical expenses for treating cancer, such as hospital stays, medication, chemotherapy and surgeries.
Workers’ compensation benefits could also cover lost wages if your cancer prevents you from working. These benefits can ease the substantial financial burden caused by treating your cancer and being unable to work and allow you to focus on your treatment and recovery.
It is important to file a workers’ compensation claim for cancer as quickly as possible. The workers’ compensation process can be complicated and lengthy and proving a link between your diagnosis and workplace environment becomes harder the more time that goes by.
If you are denied workers’ compensation benefits, there is an appeal process you can use to challenge the ruling. However, that delays the process further.
You may not feel prepared or ready to navigate the workers’ compensation process while you are facing cancer. Support and guidance are available to help you with the process and get you the benefits you need.