For most workers, construction injuries often bring to mind fractures, head trauma and other common physical injuries. Many workers don’t know about latent injuries that can appear weeks, months or even years after exposure.
These injuries can be just as dangerous as the ones that are immediately noticeable. Here is what construction workers should know about them.
What are common latent injuries in construction?
Construction is one of the most dangerous industries. Beyond the risk of physical accidents, workers can also be exposed to harmful conditions like excessive noise and toxic substances. These can lead to injuries that can appear much later, such as:
- Respiratory disease: Asbestos, fumes and other dangerous materials can lead to respiratory diseases such as asthma, chronic obstructive pulmonary disease (COPD) and asbestosis. These symptoms tend to appear months or years later.
- Hearing loss: Loud noise and lack of hearing protection can eventually cause hearing loss.
- Skin conditions: Workers can develop skin cancers from prolonged sun exposure or dermatitis from contact with toxic materials.
- Musculoskeletal disorders: Conditions such as chronic back pain and carpal tunnel syndrome often stem from repetitive movement and overexertion.
This is not an exhaustive list of construction-related latent injuries. However, they are among the most common ones linked to typical work activities.
Can you recover workers’ compensation for latent injuries?
Generally, yes, but there are specific rules. Injured workers can claim occupational diseases within:
- Two years from the date of disability
- Two years from the date when they knew the disease was work-related
A claimant must also notify their employer within 30 days of knowing the injury is work-related.
New York courts may offer some flexibility for complex diseases that develop over a long time.
How can you strengthen your claim?
Since symptoms don’t appear immediately, it can be challenging to prove a link between the latent injury and work activities. Workers often carry this burden of proof, which typically involves getting a lot of medical documentation.
Injured workers may benefit from legal professionals who can guide them through the process. Workers’ compensation lawyers can provide advice on how to gather evidence, establish causation and pursue fair compensation.