Workers’ Compensation Isn’t Just for Injuries

Workers’ compensation isn’t limited to physical injuries sustained in the workplace; it also covers occupational illness and diseases that arise from these conditions. This coverage ensures that employees who fall ill due to their work environment receive the necessary medical care and financial support. By offering this coverage, the system promotes a healthier and safer working environment, encouraging employers to maintain high safety standards and protect their employees from potential hazards.

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Tubes attached to a hospital bed with a patient in the background.

Work-related illnesses or diseases can be serious and life-altering, just like work-related accidents. Therefore, workers’ compensation extends to virtually any type of work injury, including occupational illness or disease.

Unlike many work injuries, work illnesses can also be caused by a variety of other factors, so they can be difficult claims to prove. However, Massachusetts law protects employees through workers’ compensation for illnesses so that employers will continue to use safety measures to shield their employees from dangerous substances. This is true even if the illness only manifests itself long after the exposure and even if you have already left that particular place of employment.

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Massachusetts takes work-related injuries seriously, which is why healthcare providers in this state are required to report diseases or illnesses that were likely caused by working conditions to the Department of Public Health. This reporting requirement is in place to help recognize and address occupational diseases or illnesses because they often go undiagnosed as related to work.

Healthcare providers are required to report the following injuries, illnesses, or diseases:

  • Lung disease, including asthma, chemical pneumonitis, silicosis, asbestosis, and Beryllium disease that is caused or aggravated by workplace conditions
  • Chemical poisoning, including pesticide poisoning and carbon monoxide poisoning
  • Heavy metal absorption from mercury, cadmium, lead, and other metals

Healthcare providers are also required to report work injuries that are serious and traumatic and affect individuals less than 18 years of age.

The law requires this reporting so that employers and the state can continually improve working conditions for employees. It is important to see a doctor if you suspect that you have any serious illness or disease. If you think that it may have been caused by or related to your employment, you should be sure to mention that as well.

Common Forms of Occupational Illness

Occupational illnesses can manifest in various forms, often depending on the nature of the job and the hazards involved. Some common forms include:

  • Respiratory Diseases: Conditions such as asthma, chronic obstructive pulmonary disease (COPD), and silicosis can result from inhaling dust, chemicals, or other harmful substances in the workplace.
  • Skin Disorders: Dermatitis, eczema, and other skin conditions can occur due to direct contact with irritants or allergens, such as chemicals or certain materials.
  • Musculoskeletal Disorders: Repetitive strain injuries, carpal tunnel syndrome, and back pain are often linked to repetitive motions, heavy lifting, or poor ergonomic practices.
  • Hearing Loss: Prolonged exposure to high noise levels in environments such as construction sites or factories can lead to permanent hearing damage.
  • Infectious Diseases: Healthcare workers, laboratory technicians, and others who work in close contact with infectious agents are at risk of diseases like tuberculosis or hepatitis.
  • Cancer: Prolonged exposure to carcinogens, such as asbestos, benzene, or certain types of radiation, can increase the risk of developing cancer.

Some Illnesses Arise Long After Exposure

Workers often do not realize that they have been exposed to toxic chemicals or other harsh substances until long after the fact. Exposure may only begin to cause problems for the worker years after exposure.

Asbestos is the most well-known toxic substance associated with work exposure. Asbestos will often cause eventual lung problems, including mesothelioma, but these problems may not appear until 10 to 40 years after asbestos exposure. Toxic mold exposure is another common example.

Workers’ compensation can still apply to these types of illnesses even though exposure occurred years ago, and even when you may have already left that particular place of employment. You should nonetheless report the illness to the employer, even when you no longer work in that position. Filing a claim immediately after you realize the connection between the illness and your working experience is also important.

From a practical standpoint, illness cases that occur years after exposure can be difficult to prove. It is hard to definitively say that work caused the illness when there may have been other factors in your life that contributed to the occupational illness, such as simple genetics or a smoking habit. 

Get the Help of a Boston Workers’ Comp Attorney

Proving that an illness is work-related often requires extensive medical evidence, expert testimony, and thorough documentation. This is where a skilled Boston workers’ comp attorney can make a significant difference.

An experienced attorney from Jim Glaser Law will help you gather the necessary evidence, file your claim accurately, and represent you in disputes with insurance companies or employers. They understand the nuances of Massachusetts workers’ compensation laws and have a proven history of achieving results for their clients, guiding you through the process to ensure you receive the benefits you deserve.

If you are suffering from an occupational illness, don’t wait to seek legal assistance. The longer you delay, the harder it may become to prove your case. A dedicated workers’ comp attorney will work tirelessly on your behalf, fighting for your rights and helping you secure the medical care and financial support needed for your recovery.