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Originally Posted On: https://www.gorayeb.com/blog/hay-compensacion-enfermedades-relacionadas-trabajo/

Is there compensation for work-related illnesses?

Work-related illnesses are those that arise due to prolonged exposure to hazardous conditions in the workplace. These illnesses, also known as occupational diseases , can have negative effects on the physical and mental health of workers.

In New York, employees affected by these conditions have the right to seek compensation regardless of their immigration status to cover medical costs, loss of income, and other associated damages. To do so, it is advisable to seek help from a legal team that speaks Spanish and is an expert in construction accidents .

Top 10 occupational diseases

Occupational diseases vary depending on the industry and the type of exposure to which workers are subject. Below are the top 10 occupational diseases that commonly affect workers in the construction industry.

1.- Silicosis

• Description : Silicosis is a lung disease caused by prolonged inhalation of silica dust, a common mineral in sand, granite, and other building materials.
• Symptoms : Shortness of breath, chronic cough, fatigue and chest pain.
• Prevention : Use of filter masks, adequate ventilation systems, and minimizing dust in work areas.

2.- Musculoskeletal injuries

• Description : These injuries affect the muscles, tendons and joints, and are caused by repetitive movements, handling heavy loads and adopting awkward postures.
• Symptoms : Pain, stiffness and decreased mobility in the affected areas.
• Prevention : Ergonomics training, use of personal protective equipment and regular breaks to avoid overload.

3.- Contact dermatitis

• Description : It is an inflammation of the skin that occurs upon contact with irritating or allergenic substances present in chemicals, cement and other construction materials.
• Symptoms : Redness, itching, blisters and peeling of the skin.
• Prevention : Use gloves, protective clothing and avoid direct contact with potentially hazardous substances.

4.- Asbestosis

• Description : A chronic lung disease caused by inhaling asbestos fibers , a material used in construction before its harmful effects were recognized.
• Symptoms : Shortness of breath, persistent dry cough, and chest pain.
• Prevention : Avoid exposure to asbestos by using respiratory protection equipment and hiring specialists for the safe removal of this material.

5.- Occupational hearing loss

• Description : Hearing loss caused by constant exposure to high noise levels, common in construction sites.
• Symptoms : Difficulty hearing normal conversations and the appearance of ringing in the ears (tinnitus).
• Prevention : Use of hearing protectors, such as earplugs or noise-reducing helmets, and control of noise levels in the workplace.

6.- Respiratory diseases

• Description : In addition to silicosis and asbestosis, construction workers can develop other respiratory diseases due to exposure to dust, smoke, fumes and toxic gases.
• Symptoms : Cough, shortness of breath, chest pain, and in severe cases, respiratory failure.
• Prevention : Use of face masks, adequate ventilation, and engineering controls to reduce exposure to airborne contaminants.

7.- Lead poisoning

• Description : Lead poisoning occurs when workers inhale or ingest dust or fumes containing lead, a heavy metal found in some old paints and other building materials.
• Symptoms : Abdominal pain, fatigue, mood swings, and in severe cases, neurological damage.
• Prevention : Use appropriate personal protective equipment and control measures to prevent the dispersion of lead dust.

8.- Thermal stress

• Description : Condition resulting from exposure to extreme temperatures, both heat and cold, which is common in outdoor construction sites.
• Symptoms : Dizziness, disorientation, extreme fatigue , muscle cramps, and in severe cases, heat stroke or hypothermia.
• Prevention : Adequate hydration, rest in cool or air-conditioned areas, and wearing clothing appropriate for the weather.

9.- Infectious diseases

• Description : Workers may be exposed to bacteria, viruses and other dangerous microorganisms in humid environments or in the presence of decomposing organic materials.
• Symptoms : Vary depending on the disease, but may include fever, muscle pain, diarrhea, and other signs of infection.
• Prevention : Use of appropriate protective equipment, personal hygiene and vaccination as appropriate.

10.- Occupational cancer

• Description : Exposure to certain substances in construction, such as asbestos, lead, and some solvents, may increase the risk of developing cancer in the long term.
• Symptoms : Vary depending on the type of cancer, but may include unexplained weight loss, persistent fatigue, and localized pain.
• Prevention : Minimizing exposure to carcinogenic substances and regular medical monitoring for early detection of any abnormalities.

What are occupational diseases?

Occupational diseases are those diseases that result directly from exposure to risks present in the work environment .

These occupational hazards and diseases are intrinsically linked, as dangerous conditions at work, such as exposure to toxic substances, inhalation of hazardous dusts, or performing physically strenuous tasks, can lead to the development of serious illnesses over time.

How to claim compensation for work-related illnesses?

Applying for compensation for work-related illnesses in New York is a process that can be complex, but it is vital to ensure that affected workers can receive the benefits to which they are entitled by law. Compensation can cover:

• Medical expenses.
• Rehabilitation costs.
• Loss of income.
• Payments for pain and suffering.

In order to receive compensation of this nature, it is important to take into account these recommendations:

1. Recognizing the disease : The first step is to be aware of the symptoms and seek medical attention immediately. An early diagnosis is crucial to establish a link between the disease and the working conditions. Detailed medical documentation will serve as the basis for any subsequent claims.
2. Notification to the employer : It is essential to inform the employer as soon as a work-related illness is suspected. The notification must be in writing and must include specific details about how the work environment has contributed to the development of the illness. This is essential to establish a formal record of the case.
3. Consult with a skilled attorney : Because the process of seeking compensation for work-related illnesses can be complicated, having the advice of a skilled workers’ compensation attorney is crucial. An attorney experienced in these types of cases can guide the worker through each stage of the process, ensuring that all legal requirements are met and maximizing the chances of success. Additionally, an attorney can represent the worker at hearings and negotiations, as well as gather the evidence necessary to present a strong case.

Having the right legal assistance is crucial to ensure that workers’ rights are protected and that they receive the compensation they deserve. At Gorayeb & Associates, we have over 35 years of experience defending workers in the Latino community in New York . Our Spanish-speaking legal team is committed to helping workers affected by occupational diseases obtain the maximum compensation possible.

Work-related illnesses can have a negative impact on a worker’s life, and they are entitled to claim compensation regardless of their status. At Gorayeb Town Lawyers, we are experts at helping workers who suffer work-related injuries to get the at-fault party to pay them every penny they are legally entitled to. Request a free and confidential consultation now.