What Is an Occupational Disease in Ohio? When Is a Lawyer Needed?

What is an occupational disease? Many people ask this question after being diagnosed, wondering if their employer was at fault. It's important to understand how Ohio defines it and how to seek compensation.

Occupational diseases are health conditions that could develop after exposure to harmful situations or substances in the workplace. Sometimes, they occur as a result of work-related activities. They typically have few immediate symptoms and arise slowly with time. Ultimately, they become debilitating and lead to severe financial, emotional, and physical consequences for employees.

Employers in Ohio are required to look after an employee's occupational health and safety, ensuring that working conditions are the best possible.

Employees who develop occupational diseases can receive workers' compensation benefits, which often include wage replacement and medical treatment.

However, it's challenging to pursue a workers' compensation claim after being diagnosed with an occupational disease. Generally, a work injury is associated with a specific accident or event. Still, an illness is harder to directly link to the workplace environment, especially when the symptoms don't appear right away.

Those dealing with an occupational disease should hire a workers' compensation lawyer to help navigate the claims process, fight for appropriate compensation, and gather evidence.

It's important to explore what occupational diseases are in Ohio, the legal framework surrounding them, and when an employee should hire a lawyer to assist with a claim. They can also help helpful in answer questions such as what does Arising out of and in the course of employment mean?

Understanding Occupational Diseases

Primarily, occupational diseases are conditions and illnesses that are aggravated or caused by a worker's employment situation. They develop over time through repetitive physical tasks, prolonged exposure to different substances, and other work-related conditions.

While sudden injuries from accidents are easier to spot, occupational diseases start gradually and might not receive a diagnosis for many years after the initial incident.

In a sense, occupational medicine is concerned about the effects that these illnesses and diseases can have on a worker's health, which can lead to less efficiency and productivity over time.

Common Occupational Health Hazards

The workers' compensation system in Ohio covers physical injuries and occupational diseases. Employees who develop them through their jobs can file a claim to receive various forms of compensation.

With many occupational health hazards out there, it's important to understand which common diseases can arise, such as:

Respiratory Diseases

Lung diseases are some of the most common versions. They're often caused by inhaling chemicals, dust, and toxic fumes within industrial settings.

Other issues can include asthma and chronic obstructive pulmonary disease (COPD).

Hearing Loss

Though there are many nonfatal occupational injuries out there, hearing loss is one of the most common.

It often occurs from occupational exposure to loud noises in manufacturing, construction, and other noisy industries.

Musculoskeletal Disorders (Carpal Tunnel Syndrome)

Occupational disorders like tendonitis and carpal tunnel syndrome are caused primarily by poor ergonomics and repetitive motions in assembly lines or office work.

Neurological Conditions

Memory loss and Parkinson's disease can be caused by exposure to toxic metals and chemicals in some industries.

Cancer

Various cancers can result from being exposed to carcinogenic substances like formaldehyde, benzene, and asbestos.

Occupational Skin Diseases

Generally, occupational skin diseases are one of the top five issues in most countries. They're often caused by having wet hands for prolonged periods, but irritant contact dermatitis occurs from chemicals touching the body.

Agricultural workers are more prone to contact dermatitis because of all the chemicals they use.

However, allergic contact dermatitis can occur when someone touches epoxy resin, certain metals, cutting oil, plants, cleansers, and rubber.

Many times, allergic contact dermatitis causes chemical burns, but frequent rashes can also be a symptom.

If one suffers from occupational contact urticaria or allergic dermatitis, it's crucial to seek medical attention. Treatments are available.

Companies often try to prevent occupational contact dermatitis from occurring by encouraging people to wear gloves. Still, if an employee has a latex allergy, they may find themselves developing a rash.

Other Diseases of Concern

Here are a few other occupational diseases of concern:

• Overuse Syndrome - This happens in people who perform forceful or repetitive movements in a constrictive posture.

• Computer Vision Syndrome - It often occurs in people who use information technology (computers) for many hours.

• Occupational Infectious Diseases - Occupational infectious diseases are transmitted through poor working conditions, such as whooping cough, meningitis, and various bloodborne illnesses.

According to the Annals of Occupational and Environmental Medicine, certain behavioral and mental disorders are also included on the list.

The Legal Framework Involved for Occupational Diseases in Ohio

When dealing with occupational diseases, people need to understand the legal framework involved, and workers' compensation is where an employee will start.

The Ohio Bureau of Workers' Compensation (BWC) handles the system. It was designed to provide medical and financial support to employees suffering from work-related illnesses or injuries, which include occupational diseases.

In Ohio, employers must carry workers' compensation insurance to cover the costs of rehabilitation, lost wages, and medical treatment for those who become ill or injured through their jobs.

If employees develop occupational diseases while on the job, they're eligible for workers' compensation benefits. These include:

• Medical Benefits - This covers medical treatment that relates to the disease, such as surgeries, medications, hospital stays, and doctor visits.

• Wage Loss Benefits - If the worker cannot perform their job because of the disease, they could be entitled to receive wage replacement benefits. It covers about two-thirds of the employee's average weekly pay.

• Vocational Rehabilitation - This is provided to help the employee find new employment, which can include retraining fees for another occupation. However, it's only offered if the worker cannot return to their previous job.

• Permanent Disability Benefits - The employee could receive additional benefits if their disease caused a permanent disability or impairment. That can compensate for their loss of earning capacity.

• Death Benefits - When the occupational disease leads to death, an employee's surviving family members could receive benefits, such as financial support and funeral expenses.

Primarily, the issue is that occupational diseases are harder to prove than injuries that can quickly be linked to a particular event. Symptoms rarely appear until many years have passed. Overall, the worker has to demonstrate that their illness was work-related to get compensation in Ohio, which could require expert testimony and extensive medical documentation.

Is It a Work Injury or an Occupational Disease?

Typically, a work or occupational injury is a sudden event that is easily identifiable, such as a machinery incident or a slip and fall.

Occupational diseases, on the other hand, often develop over time through repeated exposure to harmful substances or conditions at work.

If an employee breaks a leg while working, this is a work-related injury.

Alternatively, if a worker develops lung cancer because they were exposed to asbestos for many years, this is an occupational disease.

Proving an Occupational Disease - The Challenges

Proving that occupational diseases are work-related can be challenging because they often take many years to manifest. Workers might not realize that their condition is linked to the job or role. This is especially true for cancer, asbestosis, and mesothelioma.

To file a workers' compensation claim for occupational hazards, the employee has to show that the disease:

Was Related to the Job

The worker has to prove that their job exposed them to repetitive physical tasks and harmful conditions/substances. These occupational factors indicate that they wouldn't have become ill if they hadn't been doing/using those things.

Developed Because of the Job

An employee must show that the issue was caused by long-term exposure to hazards. For instance, factory workers exposed to chemicals and dust might develop occupational lung diseases that are linked to their work environment.

Was Diagnosed After the Employee Started Work

Skin diseases and others often have long latency periods. The employee must show medical evidence indicating that the symptoms developed after working in that environment.

Establishing the links listed above is challenging. An employee needs detailed documentation of their exposure, medical history, and employment records.

When to Hire an Attorney for an Occupational Disease Claim

Though the workers' compensation system in Ohio is designed to be accessible to all, it's often challenging to pursue a claim for an occupational illness. Overall, it's difficult to prove a work-related origin because of various complexities.

Therefore, it might be helpful to hire a lawyer to:

Prove It Was a Work-related Disease

Proving that the occupational disease was related to a person's job is challenging. Some issues develop over time, and others are fairly common.

For example, skin diseases can be caused by work-related situations, but they may also happen at home.

A workers comp lawyer in Columbus will help victims gather the evidence needed to support the claim, especially if the insurance company or employer disputes anything.

Experienced attorneys can secure the documentation needed, work with medical experts, and organize everything to present a compelling case.

Deal With Claim Delays or Denials

Insurance companies often delay or deny claims for occupational diseases, especially if they think the worker didn't provide enough evidence to prove it was a work-related issue.

After a claim is denied or delayed, it's wise to speak with a lawyer. They can assist with the appeals process, discuss why there was no award, and ensure that the victim's rights are protected.

Handle Confusing Medical Evidence

Occupational health and disease cases usually require expert medical testimony to show a connection between the employee's condition and the job. Therefore, one might have to speak to oncologists, pulmonologists, and other specialists who are familiar with the condition and the effects of long-term exposure to harmful substances.

Generally, it's best to hire a lawyer because they will speak to medical professionals on their client's behalf to secure expert testimony. Likewise, they'll coordinate with everyone to document the condition, linking it to the work environment. Plus, an attorney ensures that all medical records are presented during the claims process.

Prove a Serious Occupational Illness and Permanent Disability

If the occupational illness or disease results in a permanent disability or severely affects the person's ability to work, they must receive compensation. Employees may require vocational retraining, rehabilitation, and long-term care.

An attorney will help to ensure that the compensation package covers the worker's future and current medical needs and any lost wages.

In a sense, a lawyer will ensure the worker is awarded the right amount of compensation for the permanent disability, help the person access rehabilitation services if they cannot return to their job, and negotiate a fair settlement to cover lost earnings and long-term medical needs.

Assist With Employer Retaliation and Discrimination

Ohio law will protect workers from retaliation if they file a workers' compensation claim. This means that an employer cannot harass, demote, or fire someone just because they say they developed an occupational disease and started a case.

Typically, lawyers will help a person file a retaliation claim if needed and protect the victim's rights.

There are many ways an attorney can do this. Generally, they will advise the person on how to protect themselves from employer retaliation. Likewise, they will help a person file a retaliation claim (which is separate from any other cases). An employer cannot, under any circumstances, unfairly treat an employee for pursuing legal action.

Finally, a lawyer will represent the victim in any legal proceedings that relate to workplace retaliation. It is possible to have one attorney handle this and the workers' compensation claim.

Why Hire Larrimer & Larrimer

Employers are required to protect and safeguard each employee's occupational health while working. When a worker develops an illness or condition because of their workplace conditions, it will impact their financial stability and quality of life.

Ohio's workers' compensation system offers support for employees who suffer from occupational diseases. However, proving that it was related to work can be challenging.

One must show a connection between the job and the disease, deal with delayed or denied claims, and navigate medical evidence. Therefore, it's often wise to hire a workers' compensation attorney to ensure that the employee receives appropriate compensation.

If you are suffering from an occupational disease, it's wise to speak with an attorney from Larrimer & Larrimer. We can help you determine if you have a case and navigate the workers' compensation process with you. Please call or use the contact form to request your free consultation with one of our lawyers today.