Workers' Compensation for Occupational Diseases

Not all workplace injuries happen after a single accident. Some occupational injuries take time to develop after repeated exposure to the work environment. Workers can suffer serious medical conditions after repeated stress injuries, toxic chemicals, or environmental exposure.

Workers with occupational diseases can file a workers’ compensation claim for benefits. Workers’ compensation laws differ in every state. Talk to a local workers’ compensation lawyer about your compensation case.

What Is an Occupational Disease?

Most workers’ compensation claim injuries involve either a traumatic injury or occupational disease. A traumatic injury usually involves a single event or accident, like a fall injury or vehicle accident. An occupational disease is a condition that develops over time, like carpal tunnel syndrome, from daily use of a keyboard.

According to the Occupational Safety and Health Administration (OSHA), an occupational disease is any abnormal condition or disorder resulting from a non-instantaneous event or exposure in the work environment. It’s a condition that happens over a period of multiple work days, which could range from a few days to years. This includes repetitive stress injuries, toxic exposure, and hearing loss.

Who Is Eligible for Workers’ Compensation Benefits?

Workers’ compensation insurance covers most employees. States require most employers to have workers’ comp for employees. Employers carry workers’ comp through state programs, insurance companies, or self-insurance.

Independent contractors and self-employed workers generally don’t have workers’ comp benefits. Other workers, like federal employees, have separate workers’ comp programs.

In most states, you have workers’ comp coverage as soon as you start working. Generally, workers’ comp for occupational injuries takes time to develop. However, you can suffer occupational disease after as little as a few days of exposure to dangerous work conditions.

What Benefits Are Available?

Workers’ compensation programs provide benefits when employees are not able to work because of a job injury. Workers’ comp provides different types of benefits, including:

• Lost wages
• Medical treatment
• Vocational rehabilitation

Wage loss benefits provide financial support for the time when you can’t earn an income. Wage benefits are generally calculated as a percentage of your average weekly pay up to a maximum amount.

Medical treatment provides medical care related to the injury or illness. You can get medical care to treat your work-related injuries for as long as necessary. If you suffer permanent injuries and will need lifetime care, your workers’ comp should cover all your medical bills.

Vocational rehab helps workers return to employment or find new work opportunities. But many workers don’t need rehab if they can return to their previous jobs after they recover from their injuries.

Workers’ comp also provides survivor benefits. Survivors’ benefits are for family members and beneficiaries after a fatal workplace accident.

How Do You Prove a Disease Is Work-Related?

An injury is work-related if an event or exposure in the workplace causes the condition. Injuries are also work-related if they significantly aggravate a preexisting condition.

If events or exposures in the workplace present these types of conditions, they should be work-related. For example, injuries from chemical exposure are work-related if you handle the chemical in your work environment.

To prove a disease is work-related, you may need a medical professional to give an expert opinion on causation. An occupational disease expert can explain how the workplace conditions caused your illness.

Reporting your occupational injury as soon as you find out about your condition is important. This can make it easier to prove that your occupational illness occurred during the course of employment.

What Are Common Occupational Diseases?

There are many different types of occupational illnesses, depending on the type of job and work environment. Examples of common occupational injuries include:

• Respiratory diseases (asbestosis, silicosis, or black lung)
• Skin conditions or disorders
• Poisoning
• Hearing loss
• Environmental exposure
• Radiation exposures
• Bloodborne infections
• Post-traumatic stress disorder (PTSD)

For example, a construction worker spent years doing demolition and drywall work. Over the years, they worked around asbestos and repeatedly inhaled asbestos fibers. Later, they developed lung disease related to asbestos exposure. The injured worker could file a workers’ comp claim for impairments related to occupational exposure.

How Do You File a Claim for an Occupational Disease?

Workers’ comp generally requires you to report your injury to your employer immediately or as soon as possible. You can file for workers’ comp through your state board. In most states, you can file your claim online or by telephone. Your doctor should make a report about your injuries to your employer or the state agency.

How Can You Get Legal Assistance for Occupational Disease Claims?

Some workers have difficulty getting their workers’ comp claim approved. The employer or insurance company may deny your claim if they don’t think your working conditions caused your injuries. You can file an appeal or protest the claim decision.

You have a limited time to appeal your denied claim. A workers’ compensation attorney can help you file your appeal in time and represent you at the workers’ comp hearing. Your lawyer can help you gather the necessary information to prove your disease is work-related. Your lawyer can also negotiate with the insurance company so you can get your benefits. It can be frustrating dealing with the workers’ comp board after a serious workplace injury. An attorney can help you through the process. Contact an experienced workers’ comp lawyer for help with your occupational disease claim.