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Occupational Diseases and Workers Compensation: Here’s All You Need to Know

Losing a job and any source of income due to an occupational disease or illness can exacerbate an already bad situation for the person involved. However, there are resources for vulnerable and unemployed workers who have become temporarily or totally disabled due to a work-related disease or illness.

This guide will explain how occupational diseases are defined and what types of illnesses are compensable according to the state’s industrial commission.

What Is an Occupational Disease?

According to the United States Department of Labor, ”An illness is an abnormal condition or disorder. Illnesses include both acute and chronic illnesses, such as, but not limited to, skin diseases, respiratory disorders, or poisoning. Additionally, illnesses are recordable only if they are new, work-related cases that meet one or more of the 1904 recording criteria. “

What Causes Occupational Disease?

An occupational disease is any illness caused by hazards in the workplace. These hazards may include physical, chemical, and biological elements such as the following:

  • Dust, gas, or fumes
  • Chemicals and toxic substances
  • Extreme changes in temperatures, noises, or pressure
  • Physical vibrations, constant pressure, and physical movement in constant repetition or radioactive rays
  • Infections and organisms
  • Radiation

What Types of Illnesses Are Compensable?

There is a list of compensable occupational diseases stipulated by state law, including the following

  • Anthrax
  • Glanders
  • Lead poisoning
  • Mercury poisoning
  • Phosphorus poisoning
  • Arsenic poisoning
  • Poisoning by benzoyl or by nitro-derivatives and amido-derivatives of benzol
  • Poisoning by gasoline, benzine, naphtha, or other volatile petroleum products
  • Poisoning by carbon disulphide

What Is Occupational Disease Claim?

Occupational diseases can leave you temporarily or permanently disabled in some ways, limiting your ability to return to work. In such cases, you are entitled to file an occupational disease claim. This claim entitles you to certain compensation till the date you are unable to resume your work or unable to join the workforce again.

What Do You Need to Get Workers Compensation?

If you have been diagnosed with a workplace-related disease, you will need a diagnosis report from a licensed medical practitioner to ensure you receive fair compensation. The Ohio Bureau of Workers’ Compensation requires a medical diagnosis to establish the link between the disease and the harmful effect of a hazardous element.

However, the Ohio Bureau of Workers’ Compensation also states that mere exposure or contact with disease-causing elements does not automatically entitle anyone to compensation. If you are taking any preventive measures against the plausible disease, you will not receive any compensation.

When Can You Receive Workers’ Compensation?

 The date for filing an occupational disease claim must be most recently after the disease’s diagnosis or medical treatment. According to state law, you are entitled to compensation at the following times:

  • The date of the diagnosis of occupational disease.
  • The date workers receive their first medical treatment for occupational disease.
  • The day workers discontinued their current job due to the exacerbating condition of occupational disease.

Time Limitation

Certain occupational diseases can take years to manifest or go unnoticed at first. It is incredibly tricky to establish the cause of the disease in any workplace situation. However, according to state law, a compensation claim must be filed within six months of the diagnosis or two years after the disability caused by the occupational disease begins. You may lose your claim for compensation if you file it after that.

Who Can File for Claim?

Any person suffering from an occupational disease or their authorized representatives can file a claim.

You may be going through a lot to take proper action if you fell victim to an occupational hazard. Regas & Haag, Ltd is dedicated to assisting you in successfully navigating legal liabilities for fair compensation. Our attorneys at Regas & Haag, Ltd. will help you with everything from contacting your doctor for your medical records and reports to filing compensation claims and preparing you for necessary legal hearings.

You can contact us by visiting our website or calling 330-649-9102 to get started.