Filing For Occupational Disease Workers Comp

Workers who are disabled with occupational disease can also claim compensatory benefits by filing the claim with occupational disease endorsement. A disease is said to be an occupational disease when it is caused by exposure in the working environment. For example, asbestosis in the asbestos removal works and the black lung disease in the coal mine workers. They can get one benefit out of Temporary Disability benefits, Permanent disability benefits, Medical treatment or Vocational Rehabilitation.

Due to occupational disease, a worker may become unable to perform his/her duties in due course of time. Apart from this, the worker has to cope with the medical expenses, physical discomforts and mental stress associated with the disease.

Report the Disease

As soon as you become aware of your occupational disease, report it to the employer. Otherwise you may not be able to receive any benefits for the occupational disease.

Preserve Medical Records

You must have all medical records showing the treatments undertaken, diagnosis test reports and progress of the disease and case history duly attested by your physician(s).

Relevant and Appropriate Data

Be sure and consistent in what you say or write about your occupational disease. You have to be clear with regard to the cause of the occupational disease, i.e., because of work-related exposure or injury. You need to be careful of what you say because you have all chances of being denied of the benefits if you present irrelevant and inappropriate data.

When to File?

Occupational disease workers’ compensation has a statute of limitation, and hence, it has to be filed 2 years after the disability occurred or 2 years from the time when the worker knew that the disease was as a the result of the employment. The date of disablement has to be determined to calculate the benefits of the concerned employee. This determination is performed by the Workers’ Compensation Law Judge. Time limit for the occupational loss of hearing is different. Filing has to be done in 3 months from the date of removal of worker from the work environment or 3 months after leaving the work environment with harmful noise.

Crucial Advice

When you suffer from occupational disease, you may be wondering about your rights for benefits, or you may not dare to file claims due to the fear of getting terminated (as you are still working). In such cases, you can consult an attorney specialized in the workers compensation so that you are well-aware of your rights before filing the claim.

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