Are Illnesses Covered by Workers' Compensation?
Are Illnesses Covered by Workers' Compensation?
By definition, occupational diseases refer to diseases contracted as a result of a particular type of work or work environment. Employees who have developed an illness as a result of their employment may file for workers' compensation benefits. Similar to workers' compensation cases where an employee has been injured on the job, those with occupational diseases will need to prove that their conditions are the result of their job or workplace environment.
Being represented by an experienced Montgomery workers’ compensation attorney will help with the process, as proving your eligibility for benefits for an illness can be challenging.
Proving the Illness is Work-Related
In workers' compensation law, occupational diseases are distinguished from ordinary diseases of life. For example, a person suffering from lung cancer must prove that their occupation caused the cancer.
In cases where the medical link is well established and exposure away from work is rare, it can be relatively straightforward to establish that conditions at work cause traditional occupational diseases. An asbestos remover with mesothelioma or a coal miner with pneumoconiosis might find themselves in this position.
A work-related disease can be harder to prove if it is considered to be an ordinary disease. To prove that the employee's workplace exposure caused or contributed to the illness, the employee will need convincing medical evidence presented by an experienced workers’ compensation lawyer.
If an employee can prove their illness or disease stemmed from their work, they are eligible to receive the same benefits as those who suffer from on-the-job injuries, including coverage of all medical costs and disability payments if they must be out of work.
Diseases Covered Under Workers' Compensation
Occupational diseases that workers might develop on the job include:
- Coronary artery disease
- Chronic obstructive pulmonary disease (COPD)
- Coal workers' pneumoconiosis (black lung disease)
- Blood-borne illnesses
- Eczema caused by occupational dermatitis
- Loss of hearing
- AIDS/HIV
- Infections such as asbestosis, bronchitis, and tuberculosis
Since many of these illnesses are associated with poor diet, smoking, or other lifestyle factors, many workers are unaware that exposure in the workplace leads to the illness until it is too late. As a result, it is important to speak openly with a lawyer to inform them of any workplace hazards you encountered at work that led to your illness.
Contact a Montgomery Workers’ Compensation Lawyer Today
Getting workers’ comp benefits for an occupational illness can be a complicated process, and insurance companies regularly challenge this type of claim. While you might know your illness is work-related, the insurer will want extensive evidence proving how and why you contracted the illness related to your job duties. This is a process best handled by an experienced attorney.
The workers' compensation claim process isn't something you should battle on your own - especially when you are receiving treatment for an illness. You need an experienced lawyer leading you through every step and supporting your case. Contact the Law Office of Richard R. Matthews, Jr. today, and we will handle the rest, putting your mind at ease.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.
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