Not all injuries from workplaces are the obvious results of an accident. Occupational diseases develop over time, generally due to long-term exposure to hazardous chemicals or dangerous respiratory conditions. While just as serious or more serious than many other types of injuries, occupational diseases and illnesses face additional hurdles in the claim process.
The Abington occupational disease and illness workers' compensation lawyer at Kaufman Workers' Compensation Law fights for workers who have fallen ill due to workplace exposures, helping them file a claim or a claim petition when benefits are denied.
Call now (267) 626-2973 for a free consultation.
What an Occupational Disease Claim Requires From Your Attorney and How Jenifer Kaufman Can Help
Like any workers' compensation claim, you must prove that your injury is connected to your job. However, when it is an occupational disease, and you must prove the link between a medical diagnosis and workplace conditions, that can be far more challenging.
In these cases, an experienced occupational disease and illness attorney knows what evidence to gather and how to present it, including with medical causation evidence, employer exposure records, and Pennsylvania's claim petition process, including how to file a workers' compensation claim when the insurer disputes causation.
Why choose Kaufman Workers' Compensation Law?
- Specialist certification in PA workers' compensation: Jenifer Kaufman earned certification in 2013, the first year the credential became available. And more than half her practice focuses on workers' compensation claims. She has the skills, knowledge, and experience to handle these complex claims.
- Standby counsel model: Jenifer Kaufman offers standby counsel. This means that workers in high-risk industries can retain her before problems arise, with no cost unless formal legal action becomes necessary.
- Occupational disease case knowledge: Not every lawyer is equipped to analyze and understand medical documentation and employer records related to occupational illness claims. Kaufman Workers' Compensation Law is. Our attorney knows how to interpret and compile this evidence into a comprehensive claim or claim petition, in the event of a denial.
If you believe your recent diagnosis is the result of toxic chemicals, products, or dangerous workplace conditions, do not hesitate to contact us for a free consultation.
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Why Occupational Disease Claims Face More Resistance Than Injury Claims
When a worker falls off a ladder and breaks their arm, the tie between the accident and injury is obvious. When a worker develops a chronic cough decades into working as a laborer on a manufacturing floor, tying the two together becomes more difficult, leaving the door open for the insurer to dispute causation.
In workers' compensation benefits cases involving occupational disease and illness, workers find themselves facing insurers with a stronger toolbox of defenses than in other types of claims. Employers and their workers' comp carriers can provide any number of alternative explanations for the illness, such as lifestyle, age, or genetics.
But that does not mean that workers who fell sick due to these dangerous conditions cannot succeed. These claims require strong medical evidence, proof of workplace conditions, and, in some cases, expert testimony as to the cause of the illness. Abington attorneys who plan for the insurer and employer's defenses may be able to build a stronger claim, and respond effectively to denied workers' comp claims.
The Reporting Timeline for Occupational Diseases in Pennsylvania
The traditional reporting timeline for workers' compensation is not practical for occupational disease cases. That is because it may take months or years for an illness to develop after long-term exposure. The Pennsylvania Workers' Compensation Act, Sections 311–313 accounts for that gap through what is known as the discovery rule.
In traditional cases, workers follow the 21/120 rule. Reporting within 21 days of disability preserves retroactive benefits from the first day of lost work. Reporting after 21 days but within 120 days still preserves the right to file, though benefits may only begin from the notice date, and missing the 120-day window may bar the claim.
In Abington occupational illness cases, there is an additional time limit. Disability or death must occur within 300 weeks of the worker's last employment in the occupation where exposure happened. A claim petition must then be filed within three years of that disability date.
What Workplace Illnesses May Qualify for Workers' Compensation in Abington?
The Pennsylvania Workers' Compensation Act, Section 108 lists specific occupational diseases that qualify, along with a broader provision for illnesses tied directly to workplace conditions.
In Montgomery County, workers may be able to receive workers' compensation benefits for:
Respiratory and lung conditions from workplace exposure.
This includes silicosis, asbestosis, occupational asthma, and chronic obstructive pulmonary disease that may develop from prolonged inhalation of dust, fumes, or chemical vapors.
Pennsylvania law requires workers claiming certain lung diseases to have at least two years of aggregate employment in the hazardous occupation within the ten years before disability.
Chemical exposure and toxic substance illness.
Contact with solvents, heavy metals, or industrial cleaning agents may cause poisoning, organ damage, or neurological conditions over time.
Federal permissible exposure limits set maximum allowable concentrations for workplace air contaminants, and violations may help show unsafe exposure conditions.
Hearing loss from sustained occupational noise.
Pennsylvania workers' comp may compensate work-related hearing loss when medical testing shows a permanent hearing impairment that meets the state's workers' compensation standard. For example, noisy factory floors may lead to a legitimate hearing loss claim if the noise was excessive.
Skin conditions from repeated chemical contact.
Dermatitis and other skin disorders caused by oils, cutting compounds, lubricants, or industrial solvents. Machinists, janitorial staff, and factory line workers may be at higher risk of developing these disorders.
Occupational cancers with long latency periods.
Some cancers linked to workplace carcinogens may not appear for years or decades after exposure. Pennsylvania provides an extended 600-week filing window for firefighters with qualifying cancer claims, while the standard window for other occupational diseases is 300 weeks from last exposure.
Our Abington occupational illness lawyer at Kaufman Workers' Compensation Law can help you determine whether your disease, disorder, or illness qualifies. Contact us now for a free consultation.
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How Does Filing a Claim Petition Work for Occupational Disease Cases?
A claim petition is the formal filing used to seek workers' compensation benefits when the employer or insurer has not accepted the claim. This petition is the start of the formal process that will eventually end up before a workers' compensation judge.
What Do You Need to Include in a Claim Petition in an Occupational Disease Case?
Every claim petition filed with the Bureau of Workers' Compensation must include:
- Name of worker, name of employer, and the workers' compensation insurer
- Start date of disability or the date the worker discovered the illness was work-related
- Type of occupational disease and work condition that caused it
- Medical evidence of diagnosis and the physician's opinion linking it to work conditions
- Employment records showing duration and type of exposure
Your workers' compensation lawyer in Abington can put together the claim petition and make a timely filing with Pennsylvania's Bureau of Workers' Compensation.
What Happens After a Claim Petition Is Filed?
Once the petition is filed, a workers' compensation judge will be assigned to the case, and an initial hearing will be scheduled. During this hearing, both sides can present evidence and make arguments to support their case. This may include depositions and testimony from experts, physicians, and other witnesses.
After the hearing, the judge will issue a decision based on the record. Having legal representation can be crucial to a successful case. Claim petitions are won or lost on strong evidence and on how that evidence is presented. An Abington occupational disease workers' compensation lawyer knows how to build a solid argument.
If the judge grants the petition, the employer or insurer becomes responsible for paying wage loss benefits and covering related medical treatment.
If the judge denies the petition, the worker may appeal to the Workers' Compensation Appeal Board. If the worker still receives an adverse ruling, they may appeal to the Commonwealth Court of Pennsylvania. Each level of appeal has its own filing deadlines, so it is important to act quickly after an unfavorable decision and understand your options to appeal a denied workers' comp claim.
Frequently Asked Questions for Our Abington Occupational Disease Workers' Compensation Attorney
What if I was exposed at more than one job over the years?
If multiple jobs caused exposure, the employer liable for compensation is generally the last employer where the worker was exposed to the hazard for at least one year. If the worker did not spend a full year with any single employer during the 300-week period before disability, liability falls on the employer who provided the longest period of hazardous employment.
How long do occupational disease claim petitions take to resolve in Pennsylvania?
After the petition is filed, the judge usually schedules a first hearing within 15 to 45 days. The injured worker then has 90 days to present medical evidence, followed by 90 days for the employer or insurer to respond with its own medical testimony. However, these claims may take longer to resolve because of the complexity of the medical evidence.
Is medical marijuana reimbursement available for work-related illness symptoms?
Yes, workers with an occupational disease who hold a valid Pennsylvania medical marijuana card and have a physician's recommendation tying the treatment to the work-related condition may be eligible for reimbursement.
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Get Clarity About Your Claim – Contact Abington's Trusted Workers' Comp Lawyer
Occupational diseases and illnesses can add an additional hurdle to workers' compensation claims. But you don't need to figure out the process or make a petition alone.
Jenifer Kaufman's certificate as a workers' compensation specialist means that she has been offering Abington area workers the focused attention their claims need since 2013. Call us now at (267) 626-2973 or contact us online to schedule a free consultation.