Many people often ask, “Can I sue my employer for asbestos exposure injuries?” Under New York law, you cannot file a lawsuit against your employer. Your only remedy is through worker’s compensation.  Workers’ Compensation Insurance provides weekly cash payments and the full cost of medical treatment, including rehabilitation, to employees who become disabled as a result of a disease or injury connected with their employment. It also provides payments to qualified dependents (family members) of a worker who dies from a compensable injury or illness.

Our office has a Worker’s Compensation department, and regularly represents injured workers in their workers’ compensation claims.  If you’ve been diagnosed with mesothelioma or lung cancer from your work, please watch this video by dedicated asbestos exposure attorney Michael A. Ponterio to learn more about the workers’ compensation process.  If you would like to pursue a claim, please contact us to arrange a free consultation. We would be honored to represent you.

Lipsitz, Ponterio & Comerford, LLC is one of the few mesothelioma law firms in New York State to have a Workers’ Compensation Attorney. Our attorney is on staff and ready to assist in the filing of a claim for disability benefits or death.  Our mission at Lipsitz, Ponterio & Comerford, LLC, is to ensure that each injured worker is treated fairly and reasonably by the compensation insurance carrier under the Workers’ Compensation Law. We only represent the interests of the injured worker, never the compensation insurance carrier.

A claim for disability benefits under the Workers’ Compensation Law may be filed in cases where an occupational disease interrupts a period of gainful employment.

The claim is filed against the last employer that the claimant worked with while experiencing exposure to the toxic substance that caused the disease. If there is adequate proof of exposure and related disease, the insurance carrier will be directed to pay a weekly wage replacement. The maximum award is approximately $800 a week. They also give payment for all medical bills related to the treatment of the disease.

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Since 1995, the attorneys at Lipsitz, Ponterio & Comerford, LLC have been helping clients in Buffalo, Rochester, and Syracuse, NY, who have been injured due to asbestos exposure. Through our tireless efforts, we have helped to shape and reform asbestos laws throughout the state of New York. We have a full team of lawyers devoted to representing people exposed to asbestos.

If you have questions about whether you can sue your employer for asbestos exposure, contact us today to arrange a free consultation. We can help guide you through the workers’ compensation claims process and make sure you and your family are made aware of your legal rights.