Tell Us About Your Case
Fill out our form for a FREE case evaluation.
- WE’RE HERE TO HELP 24/7
- 800.586.5555
Workplace Illnesses
// GET THE COMPENSATION YOU DESERVE
Workplace Illness Attorney
Workers’ compensation isn’t limited to sudden bodily injuries sustained in workplace accidents. Workplace illnesses, or medical conditions originating as a direct result of your work environment or duties, are prevalent in workplaces and are potentially devastating.
According to the National Safety Council, in 2021 and 2022, exposure to harmful chemicals or environments is the leading nonfatal reason why workers have to take days off from work. Widespread workplace illnesses that can threaten your livelihood and well-being include:
- Hearing loss
- Asthma
- Flu
- Lyme disease
- Pneumonia
- Respiratory illnesses
- Skin infections
The attorneys at Kanner & Pintaluga have experience advocating for injured and ill workers in negotiations and in court. We utilize the full extent of our legal expertise and resources to increase our clients’ chances of securing the best possible outcome for their case.
Workplace Risk Factors That Contribute to Occupational Diseases
Certain risk factors can elevate your risk of developing a workplace illness, including:
- Working with, in, or around chemical agents that can irritate your skin or organs.
- High levels of noise that can result in hearing loss.
- Duties that put your body through excessive stress (e.g., heavy lifting, working outside in high temperatures).
- Healthcare settings where infectious diseases are treated.
- Veterinary clinics where workers are exposed to animal dander and other allergens.
- Prolonged screen time like in a job that requires typing can lead to vision problems.
How Workplace Illness Claims Differ from Injury Claims
Occupational disease claims can be more complex than traditional injury claims. While physical injuries usually occur from a single incident, workplace illnesses often develop over time, making them harder to trace directly to your job.
Key differences include:
- Delayed symptoms: Illnesses like respiratory conditions or chemical exposure effects may take months or years to appear.
- Disputed causation: Employers and insurers may argue your condition stems from personal or environmental factors, not your work environment.
- Lack of incident documentation: Unlike an injury, there’s rarely a single event to report, making evidence harder to gather.
- Greater need for expert support: Proving your illness is work-related often requires medical evaluations and expert testimony.
An experienced attorney can help you collect the right evidence, work with medical professionals, and build a strong claim that links your illness to your workplace conditions.
Steps to Take if You Suspect a Work-Related Illness
If you believe your job has caused or contributed to a serious illness, taking the right steps early can make a big difference in your recovery and your claim. Follow this process to protect your health and your legal rights:
- Seek medical attention as soon as symptoms appear. Early treatment helps with both your health and your case.
- Document your symptoms and how they affect your ability to work. Keep a daily journal if needed.
- Notify your employer in writing and follow their reporting procedures.
- File a workers' compensation claim as soon as possible to avoid missing deadlines.
- Consult a workers' compensation attorney to help you navigate the process and maximize your benefits.
Acting quickly helps build a stronger claim and improves your chances of receiving the support you need.
How Can Employers Protect Their Staff from Workplace Illnesses
Employers can reduce the risk of employees contracting a disease by limiting their exposure to hazardous material, providing protective gear and comprehensive education and training for when contact is necessary. High-risk workers should also receive regular mandatory health screenings.
It’s impossible to completely remove the risk in some professions, like those in which dangerous chemicals are used or manufactured. Even robust preparatory and protective measures can’t entirely eliminate the possibility of diseases or illnesses. Workers’ compensation is in place to give workers assurance that in the event of a workplace disease that forces them to take time off of work, they’ll receive compensation for their treatment and lost wages.
Because workers’ compensation operates on a no-fault system, even if you were partially at fault for your illness – such as making a mistake in the handling of a dangerous chemical – you still may be eligible to receive reimbursement.
The drawback is that you won’t be able to pursue a personal injury claim against your employer, even if their negligence aggravated your condition. However, if your illness is the result of a violation of employee laws and workplace standards, you may have other legal options. Similarly, if your injury can be attributed to a third party, like the company that manufactured your safety gear, you can potentially pursue a traditional injury claim against the third party.
A good workers’ compensation attorneys will give you honest and grounded legal advice about your case as we strategize how to maximize your compensation.
What Can Bar You From Receiving Workers’ Compensation for a Workplace Illness?
- If you lied about a pre-existing condition when you started the position.
- If your workplace wasn’t the primary contributor to your condition, such as if it was aggravated by a separate illness or pre-existing disability.
- If your condition is purely psychological, such as depression or anxiety, not physical.
- If you contracted tuberculosis while working at a state tuberculosis hospital or had the illness prior to working.
- If you’re applying for wrongful death benefits for a loved one due to a workplace illness but only had a relationship with them after they incurred the workplace disability that led to their death.
// AVAILABLE 24/7
Get a Free Consultation Today
Kanner & Pintaluga is experienced in working against insurance companies. Contact us for a free consultation, and let us provide you and your family with dedicated service and get you the compensation you deserve.
Call 800.586.5555
Can I See My Own Doctor for a Work-Related Injury?
Normally, no – at least not initially. In most cases, your employer or their insurance carrier has the right to select a medical provider for you or give you a curated list of professionals to choose from. There are scenarios where a sick worker may be able to switch to their preferred doctor after undergoing an initial exam by a workers’ comp insurer-approved doctor. Our attorneys will review the specifics of your workers’ comp policy and explain your options for care.
Why You Need a Workers' Compensation Attorney for Occupational Disease Claims
Proving that a workplace environment caused a long-term illness can be legally challenging. Employers may dispute your diagnosis, deny responsibility, or delay your benefits. Some workers even face subtle retaliation for filing a claim. A skilled workers’ compensation attorney can help you:
- Prove job-related exposure through medical and occupational evidence.
- Handle denied or delayed claims.
- Protect your rights if your employer retaliates.
- Secure long-term benefits for ongoing care and lost earning capacity.
Legal guidance gives you the best chance at a successful and fair outcome.
Trust the National Network That Has Helped Injured People for Over 20 Years
Injured and ill workers must adhere to their state’s statute of limitations when filing a workers’ compensation claim in order to receive benefits. Although you may have years, it’s best not to wait for the clock to nearly run out before taking action.
At Kanner & Pintaluga, you can trust us to put everything we have into your case’s success. We’re zealous negotiators and litigators who will fight for the compensation you deserve. Call 800.586.5555 today to schedule a free case evaluation with one of our workers’ comp attorneys.
What Our Clients Say
5/5