Industrial Injury Claims: Occupational Disease
Occupational diseases can give rise to industrial injury claims. An employee is entitled to a safe work environment. There must be adequate safety precautions in place to prevent the employee contracting an occupational disease.
Occupational disease is very common especially amongst employees who are exposed to harmful substances while on the job. Occupational diseases are diseases contracted in the course of the employment. If the nature of an employee’s job exposes that employee to the risk of a particular disease and that risk is not shared by other employees whose job profile is different, then the particular disease is an occupational disease. The symptoms of many occupational diseases are not visible immediately. It takes a long time for them to show up and by the time it shows up, it may be too late for you to be adequately cured.
Workers Compensation Laws
Employees who suffer from occupational diseases are entitled to compensation under workers compensation laws. Workers compensation laws list the diseases that are considered as occupational diseases. Not all diseases contracted while on the job are considered as occupational diseases.
Compensation for Occupational Diseases
If your disease is listed as an occupational disease under your state compensation laws, then you will be entitled to compensation under the workers compensation laws. However if your disease is not listed as an occupational disease, it does not mean that you cannot claim compensation from your employer. The employer must provide you with a safe work environment. Failing to do so is negligence on the part of the employer. You can sue the employer for negligence. You can claim compensation for the pain and suffering, medical expenses, loss of earnings, etc. Even if your disease is covered by workers compensation laws, you need not accept the compensation your employer offers you under the workers compensation laws. You can sue for higher compensation.
Getting Legal Help
If you are suffering from a disease contracted while on the job, consult with an experienced accidents attorney. The attorney can advise you on your options.