Chemical exposure can cause acute injury and long-term illness. Many workers in various industries face a much higher risk of cancer and other long-term illnesses, which Workers’ Comp may be able to cover.
Your ability to claim Workers’ Comp for a long-term injury from chemical exposure depends on a few factors. First, the injury has to be disabling, and you must have come down with the illness within certain time limits. There may also be exposure requirements, such as a certain amount of time worked in the industry.
For help with your potential case, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Requirements for Workers’ Comp Benefits for Long-Term Chemical Exposure
Chemical exposure injuries can be covered if they cause an acute injury after an accident. However, long-term chemical exposure usually results in cancer and other health conditions. These are lumped under “occupational disease” and have special rules:
Work Duration Requirement
You must have worked in an industry where you were exposed to the chemicals in question for at least 2 of the past 10 years in order to get Workers’ Comp.
This creates a presumption that your exposure did indeed happen at work, rather than from some outside source. However, that presumption can be overcome if your employer has evidence that the exposure came from somewhere else.
Timing of Disability/Death
Claims can be filed by a disabled worker or the family of a deceased worker. For occupational diseases to be covered, the condition usually needs to have disabled or killed the worker within 300 weeks of their last work in that industry.
If they were still working in the industry, then this requirement is met. But note that this does allow coverage when the worker has changed industries or jobs.
Other Requirements
There is also a list of other requirements that apply to all Workers’ Comp claims, not just occupational illness claims:
- The worker must be an employee, not an independent contractor.
- The condition must have disabled you for at least 7 days for wage-loss benefits.
- The condition must be work-related, which is presumed if certain conditions above are met.
Which Employer Covers Your Benefits?
Cases of toxic and chemical exposure are often difficult because you might have been exposed to chemicals at multiple jobs. If you worked in one industry but for different employers, the Workers’ Comp Act picks which employer pays instead of requiring you to trace your exposure to a specific employer:
- The most recent employer you worked with for over a year pays.
- If you did not work for any one employer for over a year, you file with the employer you worked for the longest.
What Conditions Are Covered?
Depending on the specific chemicals you were exposed to and the specific injury that resulted, your injury might be covered automatically or require a bit more work to claim benefits.
Under the Workers’ Comp Act’s section on occupational illness, cancer is certainly covered. However, other conditions are also specifically listed, like asbestosis and poisoning from certain chemicals.
If your condition is not explicitly listed, it may still be covered, but you need to check with a Pennsylvania Workers’ Compensation lawyer about your case.
What is the Process for Filing a Claim?
The process for filing a Workers’ Comp claim is very particular:
Get Medical Care
Get medical care for your illness as soon as you notice symptoms. Getting an official diagnosis will be important evidence, and medical records linking the illness to chemical exposure will be vital evidence.
You also certainly need to focus on getting better, so get medical care.
File Notice with Your Employer
You need to notify your employer of your injury as soon as possible after receiving a diagnosis. Your injury must become disabling within 300 weeks of working in the industry to get benefits, and notice to your employer is required within 120 days (but usually filed within 21 days).
File a Claim Petition
If your employer denies your initial claim, we can take the case before a Workers’ Comp Judge with a Claim Petition. This leaves the decision with the judge instead of your employer.
Negotiate a Settlement
In many cases, settlements can be negotiated. However, it might be hard to settle for medical bills if your illness and path to recovery are so uncertain. In some of these cases, you might settle for wage-loss benefits only and keep the medical side of your case open so treatment is covered as it arises.
Attend a Workers’ Comp Hearing
In many cases, settlement cannot be reached at the beginning, and you need to attend hearings before the Workers’ Comp Judge can decide the case. You may need to testify, but your depositions might be enough, depending on the judge and your health.
FAQs for Long-Term Chemical Exposure Injuries
Can You Get Workers’ Comp for Conditions Other than Cancer?
The Workers’ Comp Act has a long list of conditions aside from cancer that are covered. If your condition is not listed, it might still be coverable, but you’ll need to check with a lawyer.
Cancer is certainly covered.
How Long Do You Have to File?
You usually must give notice of an injury to your employer within 21 days, though you have up to 120 days. Your occupational disease can only be covered if the injury arises within 300 weeks of your last employment in an industry where the chemical exposure occurred.
What Industries Are Covered?
Workers’ Comp covers all industries. Occupational diseases covered in the Workers’ Comp Act are not industry-specific, but rather focus on whether the industry involves exposure to the chemical. For example, refinery workers and firefighters are all exposed to various chemicals; construction workers are commonly exposed to asbestos.
What Benefits Can You Get?
Benefits for long-term chemical exposure injury often cover two major areas of benefits:
- Medical bills are covered to treat any work-related injury or illness
- For an injury or illness that disables you for at least 7 days, wage-loss benefits are also available.
Call Our Pennsylvania Workers’ Comp Lawyers Today
Call Cardamone Law at (267) 651-7945 for a free case review with our Philadelphia Workers’ Comp lawyers.
