Let a West Palm Beach Occupational Disease Lawyer Help You Pursue Coverage and Compensation
Workers’ compensation provides benefits to employees who are unable to work due to a work-related injury or illness. In addition to sudden and unexpected accidents in the workplace that cause injuries, a Florida employee may be unable to work due to an occupational disease or repetitive trauma and exposure. If you are suffering from a disease that you believe developed because of your job, a West Palm Beach occupational disease lawyer at Vassallo, Bilotta and Davis Law Firm can review your case and help you understand your options.
An occupational disease is a disease or illness due to the unique characteristics of a particular employment, trade, or
occupation. The occupational disease must be unique to the job and in order to be covered under workers’ compensation, the number of incidences of the disease must be substantially higher in the employee’s line of work than in the general public. Ordinary diseases are generally excluded unless you can prove that your work occupation has a substantially higher instance of the disease than the general public. Even if the general public experiences a common disease, you may still qualify for workers’ compensation benefits by proving your job was the major contributing cause to your disease. Occupational diseases are a unique area of the workers’ compensation law. It is not the same as a sudden accident that caused a disease or aggravated a pre-existing condition. The occupational disease results from the sheer nature of the employee’s occupation and the disease must be contracted during the employee’s work occupation. Often, occupational diseases take years to discover. Fire fighters have a high rate of cancer due to their exposure to toxins, especially when fighting fires. Even after a fire is quenched and eliminated, the toxins remain on the firefighter's suit. Proving compensability can be complicated and an employee may have had several different employers over time. The good news is that it is not necessary to prove which job or employer the employee originally contracted the disease. The employer whose job last injuriously exposed the employee will be responsible. A West Palm Beach workers’ compensation attorney can review your medical records and provide guidance as to whether you may qualify for workers’ compensation benefits due to your occupational disease.
Repetitive trauma and exposure injuries are compensable if the injured worker can show that the employee had prolonged exposure, the cumulative effect of which is injury or aggravation of a preexisting condition, and the claimant’s job subjected the injured worker to a hazard greater than that to which the public is exposed. The
burden of proof in repetitive trauma cases is different than occupational disease cases. For example, regular exposure to common but excessive noise may not qualify as an occupational disease case but it is likely an increased hazard and may be covered under repetitive trauma. Constant, everyday trauma is not always necessary. Exposure to toxic chemicals, mold, or other toxic substances is extremely difficult to prove. In fact, conditions resulting from exposure to toxic substances at work is not compensable unless the employee can prove by clear and convincing evidence:
1. that the employee was exposed to the specific substance,
2. the injured worker must prove the level of exposure to that toxic substance, and
3. that the level of the exposure from the substance caused the injury or disease.
This is almost impossible to prove since the employee often does not know the exact substance that caused their condition and even if the substance is known, how do they scientifically measure the amount or level of the substance they were exposed to on the day they were exposed. The substance is rarely, if ever, the same days after the exposure. The chemistry changes over time.
Workers’ compensation cases involving occupational diseases, repetitive trauma, or exposure can be very complex and difficult for even experienced lawyers to pursue. Our workers’ comp attorneys know how to prove your claims so that you can get the benefits you need. To discuss your work comp case, call an experienced West Palm Beach occupational disease lawyer at 561-471-2800 or contact us online to request a free consultation and learn more.