When Can I Receive Workers’ Compensation for an Occupational Illness?

 Posted on April 04, 2023 in Workers' Compensation

Working for long hours, performing job duties that involve harmful substances, or working in hazardous environments can lead to various health risks, including occupational illnesses. Fortunately, the California workers' compensation system is designed to help employees who have been injured or become ill from their job. Workers' compensation benefits are available to employees who have suffered a work-related injury or illness. However, many people are not aware of when they are eligible to file for workers’ compensation due to an occupational illness.

Understanding Occupational Illnesses

First, it is important to know what an occupational illness is. An illness or disease that results from exposure to harmful chemicals, toxins, or other substances in the workplace may qualify as an occupational illness. Other illnesses or diseases may arise out of the work a person has performed. If an illness occurred while a person was working or was caused by the conditions in the workplace or work-related activities, it would be considered an occupational disease.

Some of California's most common occupational illnesses include asthma or other respiratory diseases, lung cancer or other forms of cancer caused by exposure to toxic chemicals, carpal tunnel syndrome, and other repetitive stress injuries. Hearing loss may affect those who work in factories or around heavy machinery. Infectious diseases such as COVID-19 can also be a significant concern, especially for healthcare workers or others who contact people who may potentially spread viruses, bacteria, or other types of infections.

The California workers' compensation system provides benefits for occupational diseases if an illness is caused by an employee's job. Workers must meet specific requirements to receive benefits. The employee must have a medical diagnosis of the illness, which must have been caused or worsened by their work environment. Medical evidence may need to be provided to demonstrate that an illness was caused by a person's job duties or is related to the work they performed. This evidence can include medical records, doctor’s statements, lab tests, or other medical information.

In California, employers must carry workers’ compensation insurance to benefit employees who suffer workplace injuries or illnesses. A person diagnosed with a medical condition related to their work must notify their employer as soon as possible. They can then fill out a workers’ compensation claim form provided by their employer. This will allow them to receive different types of workers' comp benefits, including medical benefits and temporary or permanent disability benefits. They may also be entitled to vocational rehabilitation benefits to help them return to work in a different job or industry.

Contact Our Santa Clara County Occupational Illness Lawyers

If you have contracted an occupational disease, you will want to understand the steps you can take to receive workers' compensation benefits. At Cramer + Martinez, we can advise you of your rights and make sure you understand your options, and we can assist with the filing of a workers' comp claim. Our Morgan Hill workers' compensation attorneys will work with you to make sure you receive all of the benefits you need and deserve. Contact us at 408-848-1113 to set up a free consultation.

Sources:

https://www.dir.ca.gov/dwc/WCFaqIW.html#Basics

https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter1.pdf

https://edd.ca.gov/en/disability/Employer_Workers_Compensation/