Legal Question in Workers Comp in New York
Fired from my job
What do I do first if I was fired from my job because I could not perform all my duties due to breathing problems (asthma) that has developed. In the mean time I lost my health insurance while the doctors are trying to find out if the asthma is work related! Are there lawyer to help me if my asthma is not proven work related? And how do I obtain all the paper work needed? What do I do I am confused?
2 Answers from Attorneys
Re: Fired from my job
You need to retain a workers' compensation lawyer right away to help you protect your right. My firm is the largest comp firm in NY and we have offices in NY. Please feel free to contact me to see if we can help you.
Re: Fired from my job
Asthma cases are very difficult cases to prove for many reasons. First, asthma can happen naturally. So you need to prove the asthma was induced by exposure to air-born occupational materials. Second there is a defense to these claims if you have a greater than normal vulnerability when exposed compared to everyone else. Third, often the symptoms begin many years prior and the insurance company can argue that your claim is barred by the 2 year statute of limitations. Lost wages due to inability to do the work will fall into place relatively more easily but you have to establish the claim first. The starting point is a good clear report from your doctor indicating the asthma was caused by work. Unfortunately many doctors do not want to go that far out on a limb without further testing and that is the problem. Find a lawyer in your area who has handled Asthma cases. They are more complex than a typical accident case.