Can I Receive Workers’ Compensation Benefits for Occupational Diseases?

Let’s face it: some jobs are more dangerous than others. Working on a construction site is going to have more hazards than working in an office space. However, even among “dangerous” jobs – and possibly in jobs that are not so dangerous, there are some jobs that have the danger of contracting an “occupational disease” – an ailment brought about by someone’s work that may be unavoidable. Occupational diseases can be extremely detrimental and debilitating, so victims and their families may wonder whether they can get financial compensation.

You can get Workers’ Compensation benefits for occupational diseases in Massachusetts. To do so, you must prove your injury arose out of your employment and not from some other thing.

To get a free review of your claim from our Boston Workers’ Compensation lawyers, reach out to the Law Office of John J. Sheehan by calling (617) 925-6407.

What Are Occupational Diseases and Are They Covered by Workers’ Compensation

An “occupational disease” is an ailment brought about by someone’s job. Occupational diseases can take many different forms, from physical injuries to various cancers and other illnesses. Each state will have different definitions of occupational diseases, but they are mostly similar, and there should not be too much differentiation between states.

What Do You Need to Do to Get Compensation for an Occupational Disease?

Workers’ Compensation exists to give workers a way to get the financial help they need from their employees without needing to go through lengthy, stressful, and expensive lawsuits. However, that does not mean you don’t have to prove anything. Employers do not just hand out money for workplace injuries for no reason, so you will have to prove your claim in order to get compensation.

To do that, you need to show that the diseases came from your work and not from something else. For example, suppose you work at a chemical plant, get lung cancer, and subsequently seek compensation. You would need to show that your cancer was brought on by your work and not by something else. In this case, you could support a claim that your cancer stems from your job by getting evidence showing the types of chemicals you work around and whether they are known to cause lung cancer, as well as evidence listing protective equipment, if any, you were issued to use in your job.

You use the evidence you have to prove your claim just like you were in court, and our Workers’ Compensation attorneys can help build a strong claim to give you the best shot at getting the compensation you need.

Examples of Occupational Diseases for Which You Can Get Compensation

Certain conditions are listed as occupational diseases by the CDC. Whether you qualify for compensation and what kind of compensation you can get will differ from state to state.

Mesothelioma

You’ve likely been inundated with ads at some point exclaiming that contracting mesothelioma may entitle you to financial compensation. Mesothelioma is widely recognized as an occupational disease and is caused by exposure to asbestos, which saw widespread use in buildings, packaging, kitchen appliances, and pretty much anything you can think of in the 20th century. Unfortunately, Asbestos can seriously damage the lungs, so exposure to asbestos through work can cause severe health problems for which you can get compensation.

Coal Worker’s Pneumoconiosis

Coal worker’s pneumoconiosis – more commonly called “black lung” – is a disease often contracted by coal miners who have inhaled lots of coal dust and other toxic minerals. Black lung can seriously damage lungs beyond repair, as there is no known cure. The only options are to treat the symptoms or undergo a lung transplant operation. Since the disease is so severe, you can file a claim if you contract black lung because of your job.

Cancer

Various cancers can stem from hazardous workplace environments. Construction workers, factory workers, metal workers, and many more professions use chemicals or are otherwise exposed to various conditions and chemicals that may increase the risk of cancer. If you contract a type of cancer that is associated with a higher risk in your line of work than in the general public, it may be an occupational disease, and you should talk to an attorney to see if you can get financial compensation.

Infectious Diseases

Some professions, like working in a hospital or a research lab, may expose people to various pathogens and infectious diseases. Bacteria, fungi, and other diseases can have a whole host of nasty, potentially fatal side effects, so you can pursue a Workers’ Compensation claim if you contract an infectious disease because of your job.

Hearing Loss

While undoubtedly less severe than degenerative lung conditions, hearing loss is treated as an occupational disease and can entitle you to Workers’ Compensation. Many jobs that expose workers to loud sounds like heavy machinery, explosions, and other noises are required to supply their employees with adequate hearing protection. If they do not do so, you can get financial compensation for your work-based hearing loss.

Carpal Tunnel Syndrome

Carpal tunnel syndrome is a condition that can cause intense pain or numbness in the wrists and hands. The condition is brought about by overstraining of the wrists and hands. This could be due to typing for long periods of time, forceful vibrations from jackhammers and other power tools, or other reasons. Carpal tunnel can make it painful or impossible to do basic things, so if you can prove that it was brought about by your job, you can get compensation.

Chat with Our Worker’s Compensation Lawyers Today

The Law Office of John J. Sheehan can be contacted at (617) 925-6407 for free case reviews from our Cambridge Workers’ Compensation lawyers.