Filing A Workers’ Compensation Claim For An Occupational Disease

July 11, 2018 | By O'Connor Acciani & Levy
Filing A Workers’ Compensation Claim For An Occupational Disease

If you have sustained an occupational illness or disease as a result of dangerous working conditions, you may be entitled to workers’ compensation benefits. Understanding your legal options when it comes to filing an occupational disease claim can help you build a strong case. Our Cincinnati workers’ compensation lawyers will help you recover the compensation you deserve if you have been diagnosed with an occupational disease. Request a free, no obligation consultation and learn what legal options may be available.

What Is An Occupational Disease?

An occupational disease is a chronic disease or illness that is caused by environmental factors from your workplace or work activities. The types of occupational diseases suffered by workers range greatly depending on their specific job duties and the environment they are exposed to while working. Occupational diseases cause ongoing issues that may impact your ability to work or even lead to death. Workers in certain occupations are at a greater risk of developing an occupational disease due to typical working conditions and job responsibilities. These occupations include:
  • Construction
  • Automotive
  • Health care
  • Mining
  • Welding
  • Farming

Common Occupational Illnesses

While many occupational diseases may develop due to the specifics of a job, some of the most common occupational illnesses workers experience include:
  • Brain damage from exposure to certain toxic chemicals
  • Lung disease caused by inhaling hazardous chemicals, dusts or fibers
  • Cancer due to exposure to a cancer-causing agent
  • Hearing loss caused by loud equipment noise
  • Silicosis from inhaling silica dust
  • Asbestosis and mesothelioma caused by exposure to asbestos
  • Lead poisoning from ingesting or absorbing toxins
  • Skin diseases due to harmful substance exposure
  • Radiation sickness from exposure to radiation causing tissue damage
  • Computer Vision Syndrome (CVS) resulting in eye strain from extended computer use
  • Carpal tunnel syndrome due to excess pressure on the wrist causing swelling

Filing A Workers' Compensation Claim

By filing a workers’ compensation claim for an occupational disease in Ohio, you may receive compensation for related expenses or damages, including:
  • Cost of medical treatment
  • Lost wages
  • Vocational retraining
  • Disability, whether it is partial or full, temporary or permanent
For your claim to be successful, you must prove your occupational disease is related to your employment and not another cause or pre-existing condition. Your attorney will use medical records, expert testimony and other evidence to support your claim of occupational disease. Under Ohio’s statute of limitations, you must file a workers’ compensation claim for an occupational disease within two years from the date of disability. This means the date you first received diagnosis, secured treatment, or stopped working because of an occupational disease. However, the deadline can be extended for up to six months if the worker received a delayed diagnosis by a physician. This additional period of time can be used to extend the regular claim deadline of two years. If you do not file a claim within the time limit, you lose the right to do so.

Contact An Attorney Now

If you were diagnosed with a work-related illness or disease, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. At O’Connor, Acciani & Levy, our dedicated workers’ compensation attorneys have helped injured workers fight for the benefits they deserve. We offer a free, no obligation consultation so you can learn what legal options you have for receiving compensation. We charge no upfront fees, meaning there is no risk to you. Payment is only due if we recover compensation for you.