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Originally Posted On: https://vancamplawfirm.com/workers-compensation-benefits-for-occupational-diseases/

If you suffer from an illness related to your work, speak with a qualified workers’ compensation attorney.

You may qualify for important benefits under Missouri law.

Unlike injuries caused by workplace accidents, an occupational disease affects you over time. Examples include exposure to mold, contact with harmful chemicals or repetitive motion injuries such as carpal tunnel syndrome.

According to Missouri law, an occupational disease is defined as “an identifiable disease arising with or without human fault out of and in the course of the employment.”

Ordinary diseases that occur outside of employment are not compensable. Only medical conditions that stem from your employment, as defined by law, can qualify. Your condition must also have originated from a risk related to your job, such as heavy lifting or repetitive and prolonged typing on a keyboard.

If you’re not sure if you should file a claim, a workers’ compensation attorney can help. In the meantime, here are the basic facts to know about occupational diseases.

Was Your Work a “Prevailing Factor” in Your Illness?

Any injury or death caused by an occupational disease is compensable only if it was the prevailing factor in causing the resulting medical condition.

Under Missouri law, the “prevailing factor” is defined as the primary and/or most important factor, in relation to any other factor, that caused your illness. Ordinary, gradual deterioration caused by aging or by normal daily activities are not compensable.

Examples of Occupational Diseases

Missouri law recognizes a number of work-related illnesses that may qualify for workers’ compensation benefits.

Repetitive Motion Injuries

An injury due to repetitive motion, such as carpal tunnel syndrome, is recognized as an occupational disease. Repetitive motion injuries are only compensable if workplace exposure – such as typing on a keyboard for long periods of time – was the prevailing factor in the injury. Activities that may cause an occupational disease are often described as being repetitive, forceful, intensive, or may involve awkward positions and movement. Gradual deterioration caused by aging or activities outside of work are not compensable. If your injury occurred within the past three months while working for your immediate prior employer, the prior employer may be held liable.

Hearing Loss

“Loss of hearing due to industrial noise” is defined as a loss of hearing in one or both ears due to prolonged exposure to harmful noise. “Harmful noise” means any sound that is loud enough to produce occupational deafness.

Radiation Disability

A “radiation disability” is caused by exposure to radioactive properties or substances, Roentgen rays (X-rays) or ionizing radiation. Such an injury may also be caused by the use of, or direct contact with, radioactive substances or materials.

Respiratory Illness

A work-related respiratory illness may be caused by exposure to smoke, gases, carcinogens or inadequate oxygen while on the job. Resulting diseases of your lungs or respiratory tract may include hypotension, hypertension, diseases of the heart or cardiovascular system or cancer. Firefighters or police officers may be eligible for benefits if a direct causal relationship is established.

Contagious or Communicable Diseases

If you contract a contagious or communicable disease in the course of your employment, you may be eligible for benefits under Missouri law if you continue to have symptoms following your exposure.

Mental Health Disorders – Post-Traumatic Stress Disorder (PTSD)

Mental health disorders such as depression, anxiety and PTSD may be considered compensable occupational diseases if they are caused by work related stress that is extraordinary and unusual as measured by objective standards and actual events. However, a mental injury is not considered to arise out of and in the course of the employment if it resulted from a disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or any similar action taken in good faith by the employer.

The law also makes it easier for First Responders to prove that they suffer from work-related PTSD. First Responders are eligible for benefits even if they did not suffer a physical injury and they are not subject to any preexisting PTSD. Benefits are payable if the First Responder’s PTSD resulted from their employment, and they were examined and diagnosed with PTSD by an authorized treating physician. However, the PTSD diagnosis must be the result of experiencing a qualifying event under Missouri law. Examples of qualifying events include witnessing the death of a minor, witnessing injuries or deaths that “shock the conscience”, and being involved in an event that caused or may have caused serious injury or harm to the First Responder.

Can You Get Benefits for a Workplace Illness?

The same workers’ compensation benefits apply for occupational diseases as for accidents, unless the occupational disease is for a toxic exposure.

Medical Benefits

Missouri law stipulates that your employer and/or their insurer must bear the cost of your medical care for an occupational disease. Your employer retains the right to choose the physician who treats your illness. If the treating physician takes you off work for more than three days, your employer must compensate you. If your employer refuses to provide medical care, you may select a doctor to obtain needed medical care but it is recommended that you speak to an attorney before doing so.

Compensation for Lost Wages

If the doctor takes you off work due to an occupational disease, you may qualify for temporary total disability payments. Benefits are paid at two-thirds of your average weekly wage, up to a maximum established by law. Compensation is tax-free.

If you return to light duty or modified work, you may receive temporary partial disability payments. If you miss work due to doctor’s appointments or treatment, you may also receive benefits, depending on your employer’s policy.

Settlement and Resolution

If your illness leaves you with a permanent disability, you may receive compensation.

• Permanent partial disability: You may receive permanent partial disability benefits if you suffer an occupational illness that permanently affects your ability to perform your job but does not render you unemployable. This benefit is paid as a lump sum.
• Permanent total disability: If your disability leaves you unable to perform any open-labor market job, you may qualify for permanent total disability benefits. You may receive weekly payments for life or negotiate a lump sum settlement.

Second Injury Fund

You may be eligible for benefits if a work-related illness, combined with a qualifying pre-existing condition, causes you to suffer a permanent total disability.

Death Benefits

If your loved one passed away due to a work-related illness, you may be eligible for benefits under Missouri’s Workers’ Compensation Laws.

Contact a Workers’ Comp Attorney

If you suffer from a work-related illness, we encourage you to schedule a free consultation with Van Camp Law Firm.

Our attorneys are here to answer your questions and guide you through the workers’ compensation process every step of the way. You won’t have to pay anything unless we recover a settlement for you. Compared to those without representation, employees who consult with an attorney often receive more money even after attorneys’ fees are deducted.

You may call us at 573-644-7777 or contact us online to schedule an appointment.