Work Related Illnesses & Diseases

When most people think of workers’ compensation claims, they think of accidents where someone falls off a ladder or loses a limb. Workers’ compensation claims cover far more then just a catastrophic injury, though. Any labor related injury that precludes you from working or causes you to incur medical costs can be covered under worker’s compensation. This includes illnesses or sicknesses that develop as a result of your job.

Common Work Related Illnesses

A work related illness is an illness that develops as a result of working conditions.  Common work related illnesses include illnesses that result from exposure to chemicals or toxins in the workplace. While some of these toxins may be covered under toxic tort personal injury litigation, if you were exposed to them at work then your recovery may be restricted to worker’s compensation.

Common toxins include:

• Asbestos: Asbestos can cause asbestosis, mesothelioma or lung cancer. If you were exposed to asbestos at work and were diagnosed with an asbestos related illness, this illness may be compensable under worker’s compensation laws
• Lead: Lead can be found in pipes, paint or other industrial locations. Exposure to lead can cause a number of health problems, including lead poisoning, memory loss and learning disabilities.
• Toxic Mold: Toxic mold found in work environments can lead to lung infections, asthma and other health problems
• Industrial Chemicals: A number of different chemicals, including dry cleaning solvents, have been found to cause birth defects and other health problems.
• Toxic Fumes: Fumes from welding tools have caused injury, including Parkinson’s and other cognitive illnesses.

Statute of Limitations for Work Related Illnesses

One major problem with work related illnesses as a compensable injury is the statute of limitations for filing a worker’s compensation claim. In most cases, worker’s compensation claims have very strict deadlines. While the deadlines vary by state, generally workers are required to file a claim anywhere from 1-3 years after injury occurs.

However, exposure to chemicals or toxins may not cause illness for many years after the exposure, sometimes even as long as 20 years after. By this time, you may not have even worked for the responsible employer for many years.

However, most states account for the long latency period of work related illnesses by specifying that the statute of limitations begins to run from the time when the worker “knew or should have known” about the injury or illness. This means that if you do not find out you have mesothelioma until 10 years after you stop working for the company that exposed you to asbestos, the statute of limitations begins running from the time of your diagnosis. This same rule also applies to other difficult-to-pinpoint injuries such as carpal tunnel syndrome.

Filing a Worker’s Compensation Claim

Filing a worker’s compensation claim based on a work related illness is similar to filing any other worker’s compensation claim, with the exception of the fact that the statute of limitations may not begin running until much later. You generally have to prove the same factors: that the exposure to the illness-causing toxin arose out of the course of your employment and that the exposure happened while at work.

Because of the long period of time between the work-related exposure to the chemical and the development of the illness, it may be more difficult to prove that the illness was work related. Many victims are able to point to industry-specific studies in order to support their case. This involves proving that a vast majority of people within the specific industry has become afflicted with the same illness. This can serve as circumstantial evidence that the job-related illness arose out of exposure to the chemical or toxin on the job.

In most cases, filing a worker’s compensation claim based on exposure to an illness-causing toxin does not preclude you from also filing a lawsuit against the manufacturer of the toxin. For example, it would be possible to file a worker’s compensation claim based on asbestos exposure, and also file an environmental litigation lawsuit against the manufacturer of the asbestos product.

Getting Legal Help

A worker’s compensation claim based on job-related illness can be the most complex type of worker’s compensation claim to prove. As a result, it is essential that you consult with an experienced worker’s compensation attorney to help you file your claim and build your case.