A workers’ compensation claim doesn’t just cover you for accidents like trip and falls and injuries caused by faulty equipment. Many workers in California become ill from hazards associated with their job, especially if they are exposed to the same conditions for many months or years. If you contracted an illness or developed a health condition due to unsafe conditions at your job, you may be entitled to workers’ compensation for occupational diseases.
At California Labor Law Employment Attorneys Group, we have a dedicated team of lawyers with decades of experience in complex workers’ compensation claims. We are here to help you get the medical care and lost wages you deserve by law, along with other benefits that can help you as someone who was injured on the job. Please give us the opportunity to provide you with advice and guidance during a free, no-obligation consultation.
What are Some Examples of Occupational Illnesses?
One can make the argument that the possibility of injury or illness exists at any workplace, whether you work in an office, warehouse, or travel from one place to another as part of your job duties. However, occupational diseases are illnesses that are caused by certain conditions at work, which the employee is exposed to on a daily basis. Common examples of occupational illnesses include:
- Mesothelioma and other types of cancer caused by hazards, like asbestos
- Dermatitis and other skin ailments
- Respiratory conditions, such as asthma
- Brain damage
- Repetitive stress injuries and disorders, e.g., carpel tunnel syndrome
- Viruses / infectious diseases
- Mental health conditions, like psychosocial occupational stress resulting in post-traumatic stress disorders
If you were diagnosed with asthma, cancer, or another condition that resulted from what you do for a living, make sure to contact a workers’ compensation lawyer with experience in occupational diseases. That way, you can access all the benefits that are available to you and protect your finances from overwhelming medical bills and lost wages.
Work-Related Illnesses Covered by Worker’s Compensation
We have a tendency to use the term “workplace injury” when it comes to a WC claim. This is why there is a misconception over the health conditions that are covered by California’s workers’ compensation system.
It’s important to understand that payments from worker’s comp are not just for injuries like cuts, burns, and broken bones. You can also apply for workers’ comp if you develop an illness or contract a disease resulting from the type of work you do or the conditions that exist at your job (occupational hazards). These conditions also entitle you to worker’s comp protection, whether you sustain a physical or mental illness.
As you may have guessed, having an occupational disease claim approved is more of an uphill battle compared to injury claims after an accident. First, you must verify with medical evidence that you have a medically diagnosable condition. Second, you will need to establish that the illness occurred because of your job, either from performing work-related tasks or exposure at your workplace or a separate work-site.
Occupational Versus Non-Occupational Diseases
The process of succeeding in an occupational disease workers’ comp claim merits further explanation, considering the challenges that claimants face. To succeed in a worker’ comp case based on occupational illness, you must show that the condition you are diagnosed with is a direct result of you performing certain duties associated with your job.
For example, you may be working in an environment with hazards that are conducive to lung cancer and other respiratory diseases. However, if you are a chronic smoker, you will have to show that the cancer developed as a result of the conditions at work, and not because of what you do off the clock. Other cases, like asbestosis, are more straightforward, since these workers perform jobs that place them at risk of asbestos exposure.
Finally, there is one additional factor that must be proven in order to go ahead with a worker’s comp case for occupational illnesses. You must show that the illness arose from one or more conditions that are presented by a specific line of work, like employment at a nuclear plant, where people are susceptible to radiation exposure. So, if you contracted the flu or a similar illness at your job, this is not a qualifying basis for an occupational disease worker’s comp claim, even though your workplace is the source of the illness.
What are the Causes of Occupational Diseases?
Occupational diseases are different from workplace accidents in many ways, including the fact that they develop gradually over time, usually from exposure to dangerous conditions in the work environment. In other words, most injuries at work are associated with a single event, like something falling on your hand. An occupational illness, on the other hand, is a long and steady progression arising from continued exposure. Work-related hazards that can cause an occupational illness are as follows:
- Coal, asbestos, wood dust, tar and other carcinogens
- Harmful chemicals
- Infectious diseases and parasites (biological agents)
- Physical agents – radiation, extreme temperatures, loud noises, and bright lights
Exposure to these contaminants and agents can happen in many work settings. A groundskeeper, for example, is exposed to chemical in pesticides, weed killers, and cleaning solutions. Or, you may have worked on various construction sites that were contaminated with asbestos and lead paint.
Contact a Workplace Illness or Injury Attorney
Many workers feel lost and confused as they try to navigate the workers’ compensation process on their own. Working with an experienced employment lawyer can make all the difference if you are in need of compensation for an occupational disease.
If you are being denied workers’ compensation and need to take legal action, you won’t have to worry about the cost of legal fees. We represent all clients on contingency, meaning that legal fees are deducted from your settlement or award from a jury. This is the basis of the Zero Fee Guarantee, which you will receive from the very first consultation.
Taking advantage of this offer is easy – just contact us 24/7 and schedule a time to speak with one of our legal experts.
