Occupational Diseases And Injuries

What Is An Occupational Injury Or Disease?

Workplace injuries can be classified into occupational injuries and occupational diseases. Occupational injuries are a type of physical or mental injury caused by a singular, defined event or a culmination of events in the workplace. This could be a routine action that caused the injury or exposure to a workplace hazard. 

An occupational disease is a chronic illness or disease caused by an employee’s routine exposure to certain elements or working conditions in their workplace. Often, it’s not a singular event but a regular event over a period of time that causes the chronic illness or disease. 

Both these types of injuries can occur for a variety of reasons, but the outcome is largely the same. Victims are left unable to work, in poor health, and facing mounting expenses because of medical bills and the lost wages they have incurred due to the occupational injury or disease.

Understanding Workers’ Compensation And Occupational Diseases And Injuries

In 2023, there were a reported 2.6 million non-fatal work injuries and illnesses across the U.S., according to the Bureau of Labor Statistics. When an injury happens in the workplace, injured workers can claim workers’ compensation for the occupational injury or disease. 

Occupational injuries can occur for various reasons, including an employer’s negligence, accidental slips and falls, or any other action that results in an injury, whether it be minor or major.

In some cases, employees might be suffering from an illness or disease that was caused by their workplace. For example, workers who are exposed to elevated levels of asbestos can develop lung damage, while others who work in labor-intensive environments may be subjected to chronic musculoskeletal disorders, like back pain and repetitive strain injuries.

In many scenarios, victims are able to turn to their workplace workers’ compensation insurance program to recover compensation that will cover the cost of medical bills, lost wages, and other expenses that have resulted from the personal injury.

Related: Common Workplace Injury Questions In Colorado

What Are Some Common Occupational Injuries Or Diseases?

There are a variety of occupational injuries and diseases workers might face, but typically, the type of work you do can yield higher rates of specific injuries. 

For example, construction workers might be more susceptible to work-related injuries like:

• Slips and falls
• Being struck by an object
• Injuries where workers are caught in between machinery
• Electrocution
• Other bodily injuries

In many other workplaces, where workers are exposed to certain environmental factors or workplace factors for extended periods of time, chronic illnesses or diseases might present themselves. 

Some common examples of chronic illnesses might include:

• Musculoskeletal disorders, like carpal tunnel syndrome, tendonitis, and repetitive strain injury.
• Skin disorders, like eczema or contact dermatitis.
• Certain cancers, like lung cancer, mesothelioma, skin cancer, or leukemia.
• Noise-induced hearing loss.
• Infectious diseases, like Hepatitis B and C, Tuberculosis.

Compensation For Injuries And Diseases Caused By Your Job

Workers’ compensation is a type of insurance program provided by your employer. If you are injured on the job, or are experiencing a chronic illness or injury that was brought on by your workplace, your workers’ compensation will kick in. 

Workers’ comp will help cover the cost of:

• Your medical bills and expenses.
• Lost wages.
• Disability and rehabilitation.
• Ongoing care.
• Job retraining.
• Death benefits, if your loved one loses their life because of the injury.

What Is The Legal Process For Occupational Diseases And Injuries?

Most employers have a similar process when it comes to filing a workers’ compensation claim. 

The general process is as follows:

• Report your injury immediately to your employer. Most states require you to notify your employer within 30 days of your injury, but the sooner you notify them, the stronger your case may be.
• Take photos of your injury, and where it happened, if applicable.
• Keep up with all your doctor’s appointments.
• Keep up with filing deadlines, as required by your employer’s insurance provider.
• Keep documentation of the process.
• Accept or deny the settlement claim provided to you by the insurance provider.

Having a trusted occupational injury and occupational disease lawyer​ on your side can help streamline the workers’ compensation claims process. Most importantly, they’ll be able to provide strong evidence to support your claim and can help you push back against lowball offers presented to you by the insurance company.

Workers’ Compensation Claim vs. Personal Injury Claim

The legal process for navigating a workers’ compensation claim because of an occupational disease or injury can be complex, especially if there are third parties that played a role as well.

One of the factors that complicates the process is that if you file a workers’ compensation claim with your employer, you will generally be barred from filing a personal injury claim against your employer for the same injury. However, if there was a third party aside from your employer that was involved in your injury, you may be able to pursue a personal injury lawsuit against them.

Protect Yourself With Prevention And Workplace Safety

While many workplace accidents are preventable, accidents still happen. In the meantime, there are plenty of things you can do to protect yourself in the workplace. 

Some habits you should develop that can strengthen your safety while at work include:

• Always use proper safety equipment and personal protective equipment.
• Participate in required safety training.
• Always follow established safety procedures.
• Report hazards if you see them.
• Speak up and ask questions.
• Know your rights.

How Bachus & Schanker Can Help You With An Occupational Injury Or Disease

At Bachus & Schanker, our personal injury and workers’ compensation attorneys are highly experienced in their field and understand the nuances associated with filing a workers’ compensation claim. 

If there are several parties at play, we can help you determine if filing a personal injury lawsuit would also be applicable in your case. Most importantly, working with our attorneys means you’ll have someone who will:

• Thoroughly investigate your case.
• Document all of the evidence and your personal damages.
• Fight vigorously against lowball settlements.

If a settlement cannot be reached, our attorneys are ready to represent you if your case goes to trial.

Don’t wait. If you’ve been injured on the job, or are suffering from a chronic illness or injury caused by your place of work, you have legal rights and options. Contact us today to schedule your free case evaluation and take the next step in recovering the compensation you deserve.

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