Helping Your Employees with Occupational Illnesses

Employers take many measures to make sure their workplace is as safe as possible.  Keeping the workplace free from hazards is an essential step to keeping your customers and employees safe.  When making your business safe, you likely think about dangers such as a slippery floor or heavy machinery with outdated safety updates.  Unfortunately, many employers overlook the very real danger posed by occupational illnesses.  These include conditions such as carpal tunnel syndrome, ulcers, or back injuries.  Conscientious employers should take measures to help their employees avoid occupational illnesses.  As an employer, there are measures you can and should take to help your employees avoid and deal with their occupational illnesses.

One of the best ways to identify and avoid occupational illnesses for your employees is to create an injury and illness prevention program.  The focus of an injury and illness program is to identify potential sources of injuries, and then making a plan to help manage and control those dangers.  For example, if your business requires employees to perform repetitive motions, such as lifting boxes and turning to put them away, an illness and injury program can help provide training to employees on how to properly lift boxes to avoid injuries as well as making sure employees take breaks at regular intervals.

Another way to help your employees is to provide information and awareness information about occupational illnesses.  While employees are likely aware of the dangers of carpal tunnel or even repetitive motion injuries, they may be less familiar with how to prevent other injuries, such as developing asthma or even certain psychological injuries.

Encouraging your employees to stay healthy and take appropriate breaks from work can also help to reduce the incidences of occupational illnesses.  Keeping your employees healthy and fit can help keep them strong, making it less likely they will develop those injuries.  Breaks are also extremely important.  For example, taking regular breaks from typing can reduce the chances of an employee developing carpal tunnel or exacerbating prior nerve damage.  Although some employers may feel frustrated at frequent breaks, making sure the employee never develops the injury in the first place will save time in the long run, as the employee will not need to miss work for treatment of the injury.

If you have questions about what measures you should take as an employer, contact us today.  We can talk to you about your rights and responsibilities

Occupational Diseases

Workers’ compensation is designed to provide financial support and relief to employees who sustain work related injuries.  When most people think of workers’ compensation, they think of broken arms, concussions, slip and fall injuries, or other physical injuries that happen from some type of accident.  However, occupational diseases are also compensable and qualifying injuries under the workers’ compensation system.

Occupational injuries are wounds or illnesses that result from the work environment.  One of the most common occupational injuries for office workers is carpal tunnel syndrome.  Carpal tunnel syndrome is damage to the nerves resulting from repetitive movement, which typically results from typing on a keyboard for extended periods of time in this context.  However, occupational injuries can also include lung disease, cancer, brain damage, or a variety of skin diseases, depending on the working conditions.

If an employee believes that he or she has sustained an occupational disease, he or she much file a Notice of Occupational Disease and Claim Compensation Form.  The employee must notify the employer and make sure to complete all required paperwork, just like any other workers’ compensation claim.  The employee will also need to provide medical evidence that the injury is directly caused by the working conditions or duties.

It is also important to understand that occupational injuries are typically more impacted by a discussion of “cumulative injuries” than injuries resulting from an accident.  For example, carpal tunnel syndrome may result only from work for the current employer.  However, it is also likely that an employee has sustained at least part of that injury prior to employment with the current employer, especially where the employee has not worked for the employer for a very long time.  However, just because an employee sustained part of the injury before starting employment at the current job does not mean that he or she is ineligible for workers’ compensation benefits.  In cases where the employee has sustained permanent injury, for example, the employer is only responsible for the portion of the injury sustained during employment, which is a process called “apportionment.”.  In addition, employers need to know that an employee who aggravates a non-industrial injury during employment can still request workers’ compensation benefits.

If you have questions about the types of injuries that your business may be responsible for, call us today.  We have extensive experience helping business owners understand their rights and responsibilities under California law.

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