Occupational Disease: Legal Remedies for Employee Illness

A disease arising out of the work environment and the materials an employee is exposed to during the course of employment is referred to as an occupational disease. It can be acute or chronic and could have entered the system of the worker through absorption, ingestion or inhalation.

For example, hearing loss, asbestosis from asbestos removal, and black lung disease from the coal mines are all examples of occupational diseases. Just like the disability caused by a work-related injury is compensated through benefits, this occupational disease is also rewarded by benefits to help the affected workers.

Basics of Compensation

The compensation paid for the occupational disease is same as that of the injury-related claims. The difference lies in the time of filing the claim. The claim should be filed either 2 years from the date of the disability or 2 years from the time of knowing that the disease is caused by work-related exposure, whichever is later. The waiting period for occupational hearing loss is different (3 months).

Legal Remedies

Read the various benefits available for occupational disease workers who have evidence documents establishing the relation of the disease and environmental condition. These benefits are legal remedies to a distressed worker.

Disability Benefits

An employee affected by occupational disease is provided with disability benefits based on the nature and degree of disability produced by the disease. Permanent Total disability, permanent partial disability, temporary total disability or temporary partial disability benefit is awarded after the loss of income through the disease is determined.

Medical Benefits

Apart from the disability benefits, affected worker also gets coverage of the medical expenses and hospital expenditures.

Wage Reimbursement Benefits

Wages lost during the time period of hospitalization or disease examination has to be compensated by the employer or insurance company of the employer.

Vocational Rehabilitation Benefits

If due to the occupational disease, a worker becomes unable to perform the work for which he is already qualified, then he can attend vocational rehabilitation training for a maximum of 2 years. The expenses for this program will be compensated.

Death/Funeral Benefits

Survivors of the workers who died due to occupational disease are compensated with these benefits if they are totally or partially dependent on the deceased.

Final Word

Workers’ compensation may seem to be simple; however, your claim might be denied if there is no supporting evidence or inaccurate information. Hence, consult an occupational disease or workers compensation attorney to win the case in your favor.

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