What Is an Occupational Disease?
An occupational disease is a chronic illness or condition caused by exposure to harmful substances or environments in the workplace. These diseases typically develop over time and are directly linked to the nature of a worker’s job. Unlike industrial injuries, which result from a specific incident, like a fall or machinery accident, occupational diseases stem from prolonged exposure or repetitive tasks.
Examples include:
- Respiratory illnesses like asthma or lung cancer can be caused by chemical exposure.
- Skin conditions, such as dermatitis or eczema, can be caused by contact with irritants.
- Hearing loss due to prolonged exposure to loud machinery.
- Musculoskeletal disorders like carpal tunnel syndrome can be caused by repetitive motion.
- Mental health issues, including PTSD or depression, from high-stress environments.
- Infectious diseases contracted in healthcare or food service roles.
- Cancer linked to exposure to carcinogens like asbestos or benzene.
High-Risk Jobs in Washington
Certain industries in Washington are more prone to occupational diseases due to the nature of their work. These include:
- Healthcare: Exposure to infectious diseases and emotional trauma.
- Construction: Contact with hazardous materials like silica, asbestos, and lead.
- Manufacturing and factory work: Repetitive tasks and chemical exposure.
- Agriculture: Pesticide exposure and respiratory risks.
- Food service and processing: Risk of burns, cuts, and infectious diseases.
- Cleaning and janitorial services: Chemical exposure and repetitive strain injuries.
Workers in these sectors must be especially vigilant about symptoms that could indicate an occupational disease.
Filing an Occupational Disease Claim in Washington
In Washington state, occupational disease claims are handled by the Department of Labor and Industries (L&I). Filing a claim involves several steps and requirements:
- Diagnosis: A medical professional must diagnose the condition and link it to workplace exposure.
- Notification: Inform your employer immediately and provide documentation.
- Evidence: Submit proof of employment and medical records showing the connection between your illness and job duties.
- Claim submission: File your claim with L&I within the statute of limitations.
Statute of Limitations
Timing is critical. Washington law allows:
- One year to file an industrial injury claim.
- Two years to file an occupational disease claim, starting from the date of diagnosis or when the worker was notified that the illness was work-related by their doctor.
Failing to file within this window can result in denial of benefits.
Proving Your Claim
Occupational disease claims often require more evidence than injury claims. Workers must demonstrate:
- The illness was caused or aggravated by workplace conditions.
- The exposure duration was sufficient to cause the disease.
- The condition developed during the course of employment.
L&I may request an Independent Medical Examination (IME) or additional documentation to verify the claim.
Employer Responsibilities
While employers are not responsible for filing your claim, they must:
- Maintain a safe work environment.
- Comply with Hazardous Chemicals and Material Data Sheets (MSDS) laws.
- Provide protective equipment (PPE) and training to minimize exposure risks.
Failure to meet these obligations can strengthen a worker’s case for compensation.
Repetitive Trauma and Latent Injuries
Some occupational diseases result from repetitive trauma, such as rotator cuff injuries from lifting or carpal tunnel syndrome from typing. Others may be latent, meaning symptoms appear years after exposure, common in cases involving asbestos or toxic chemicals.
Washington law recognizes these conditions as occupational diseases, provided the worker can establish a link to their job.
Post-Mortem Claims
If a worker dies from an occupational disease, the injured worker’s spouse and dependents may file a post-mortem claim for an L&I survivor pension. This must be done within one year of the worker’s death and include proof that the illness was work-related.
Legal Support for Occupational Disease Claims
Navigating an occupational disease claim can be complex. Hiring a workers’ compensation attorney with experience in occupational disease cases can significantly improve your chances of success. Attorneys can:
- Understand your rights and legal options.
- Recover medical benefits, time-loss benefits, and/or settlement and awards based on the severity of your claim.
- Represent you in disputes with L&I or your employer.
Emery | Reddy, PC’s legal team specializes in these claims and offers free case reviews to Washington workers seeking justice.
Protecting Yourself from Occupational Diseases
Prevention is key. Workers can reduce their risk by:
- Using personal protective equipment (PPE).
- Following safety protocols and training.
- Reporting unsafe conditions to supervisors or OSHA.
- Seeking regular medical checkups, especially if exposed to hazardous materials.
Employers should foster a culture of safety and transparency, ensuring workers feel empowered to speak up about health concerns.
Understand Your Rights and Responsibilities
Occupational diseases are often overlooked but can have devastating effects on workers’ health and livelihoods. Washington state provides legal pathways for affected workers to seek compensation, but understanding your rights and responsibilities is crucial. If you suspect your illness is job-related, don’t wait, consult a medical professional, notify your employer, and consider legal support to file a claim.
For expert guidance, contact Emery | Reddy for a free case review and learn how their team can help you navigate the complexities of occupational disease claims.
