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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