Injuries acquired in the course of your work should generally be covered under your employer’s Workers’ Comp coverage. However, this covers more than just accidents and traumatic injuries.
“Occupational illnesses,” including many diseases, health conditions, cancers, and other illnesses acquired in the course of your job, should be covered under Workers’ Comp. Many industries have an obvious link to certain forms of cancer, but proving an occupational illness was work-related can be difficult in some cases.
For help with your claim, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 today.
What Counts as an “Occupational Illness”?
Section 108 of the Workers’ Comp Act has a list of what qualifies as an “occupational disease.” This list is quite comprehensive and includes illnesses such as
- Poisoning from various chemicals/substances
- Cancer (e.g., mesothelioma)
- Infections
- Lung diseases (e.g., silicosis, asbestosis)
- Hepatitis C
- Heart and lung diseases.
While they aren’t listed in § 108, you can also get coverage for mental conditions and PTSD.
There is also a catch-all section under subsection (n), which covers unlisted occupational diseases when three conditions are met:
- The exposure came from your employment.
- Your industry or occupation caused the disease.
- The incidence of the illness is “substantially greater” in your industry/job.
When Are Occupational Diseases Covered Under Workers’ Comp?
Section 301(c)(2) discusses what injuries are covered under Workers’ Comp and specifically includes everything that falls under “occupational disease” under the umbrella terms of “injury” and “personal injury.” This means that, whether your condition is a physical injury or an occupational illness, it should be covered.
However, there are two important caveats:
- Occupational diseases are only covered if they disable or kill the worker within 300 weeks of their last work at their job or in the relevant industry.
- Certain illnesses require a certain number of years of work in a hazardous industry or job before they can get coverage.
These rules ensure that the worker’s health condition is tied to their work – an important part of any Workers’ Comp claim. However, there are also a few rules that presume the illness was work-related if the job in question has that specific illness as a common hazard.
Work-Relatedness and Job Hazards
When assessing whether the condition is work-related, the law often presumes that the illness was work-related if your job has hazards related to that illness. There is no separate need to prove the illness came from work unless it falls under the § 108(n) catch-all provision discussed above.
For example:
- Loud machinery is a hearing loss hazard.
- Carcinogenic chemicals are cancer hazards.
- Silica, coal dust, and asbestos are cancer and lung disease hazards.
Some jobs have a high incidence of multiple forms of cancer and other illnesses, giving these workers plenty of presumptions in their favor.
FAQs for Occupational Diseases Under Workers’ Comp in Pennsylvania
How Long Do I Have to File?
Generally, you need to report an injury within 120 days of it happening (though 21 days is expected). However, occupational illnesses might take more time to appear.
As long as the work-related illness disables you or kills a loved one within 300 weeks of the last date working in the industry or being exposed at a job, it should be covered (assuming you report it promptly).
Which Employer is Responsible?
If, over the years, you worked for multiple employers in the same industry, and you were exposed to the same hazards at multiple jobs, it can be difficult to pinpoint which specific employer pays your Workers’ Comp.
The Workers’ Comp Act simplifies things: the last employer you worked for for over a year is usually responsible. If you didn’t work for any one employer for over a year, you file with the most recent employer.
What if I Changed Careers?
If you are now working in a different career that doesn’t have the same risks of illness, your condition might have come from your previous career. If that’s the case, and you were disabled within 300 weeks of your last work in that industry, you file your Work Comp claim with your old employer from the hazardous industry.
If you changed careers to another industry with the same kinds of hazards, talk to our Philadelphia Workers’ Comp lawyers about which employer should cover you. Certain industries have specific rules.
Is My Disease Covered?
If you have any doubts about whether your specific illness should be covered, talk to a lawyer. But do not hesitate; your case needs to be filed on time, or else you risk losing coverage.
What Does Workers’ Comp Cover?
Workers’ Comp covers wage-loss benefits for disabled workers and covers all medical care needs for a work-related illness.
There is no coverage for pain and suffering or other economic damages, though outside lawsuits might also be allowed against the companies that manufactured the chemicals or products that injured you or the defective safety gear that allowed your injury.
Do I Need to Show Fault or an Accident?
Workers’ Comp is supposed to cover workers regardless of how the exposure happened, so long as you did not do it on purpose. This means you don’t need to point to OSHA violations or other mistakes on your employer’s fault – though they certainly help show the illness was work-related.
How Long Do Benefits Last?
Unless you settle your claim early, medical benefits should continue to cover your health needs as long as you still need treatment for the injury. This is important because the road to recovery isn’t always a straight line.
Wage-loss benefits last as long as your wages are reduced because of your illness, unless you undergo an impairment rating evaluation that determines your whole-body impairment rating is under 35%. If that happens, you are switched to “partial disability” benefits. These last for 500 more weeks maximum.
Call Our Workers’ Comp Attorneys in Pennsylvania Today
For help filing a claim for a work-related illness or disease, call Cardamone Law’s Bucks County, PA Workers’ Compensation attorneys at (267) 651-7945.
