Does Workers’ Compensation Cover Occupational Diseases?

When you think about workers’ compensation, you may picture a construction worker injured by heavy machinery or an office worker who suffered a slip and fall. While any associate this process with physical injury, you may wonder how illnesses and conditions that develop over time are handled. If you have developed an occupational illness, it’s imperative to understand your right to compensation in these difficult times. The following blog and a Florida workers’ compensation attorney can help you learn more about your legal options.

What Are Occupational Diseases?

An occupational disease is a condition or illness that is caused by the nature of a certain trade or industry. Generally, these are not considered “typical” illnesses, as most members of the general public will not be exposed to them. In some instances, however, an occupational illness can be more commonplace but must still be more prevalent in an industry and occur at higher rates to be considered an occupational disease.

Essentially, these diseases are caused by the nature of employment, including the environment in which the worker’s duties occur, the materials they utilize for their job, or the physical nature of their responsibilities. As such, occupational diseases are not limited to illnesses, but can also be physical conditions developed due to the nature of your job duties.

Common examples of occupational illnesses include, but are by no means limited to, the following:

• Chronic Obstructive Pulmonary Disease (COPD)
• Tinnitus
• Mesothelioma
• Carpal tunnel syndrome
• Cancers
• Lead poisoning
• Asthma
• Degenerative disc disease

How Do I File a Claim for Compensation?

If you have been diagnosed with a condition considered to be an occupational illness in your industry, it’s imperative to understand that you are eligible to pursue a workers’ compensation claim. Unfortunately, many assume that because these injuries, illnesses, or conditions are commonplace within their field, they are unable to recover compensation because they assumed the risk when accepting the position. However, this is far from the truth.

Workers’ compensation is a no-fault system in which those who have been injured or fallen ill while on the clock can recover compensation, regardless of whether or not they are responsible for the accident. As such, any occupational illness you sustain as a result of the conditions of your job is covered.

Typically, when you are injured, you must report the accident to your employer within thirty days in Florida, or you risk a claim denial. However, as occupational diseases occur over time, you must inform your employer within 30 days of the date you discover your injury or illness.

As you can see, navigating workers’ compensation while also managing an occupational illness can be incredibly difficult. That is why working with an experienced attorney with the Law Firm of Kevin A. Moore is in your best interest. Our team will do everything in our power to help you fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can assist you.