What Is an Occupational Disease Under Florida Law?
Occupational diseases are illnesses caused by exposure to hazardous conditions in the workplace. These diseases can be caused by toxins, chemicals, irritants, extreme temperatures, and other harmful substances. In some cases, occupational diseases result from repetitive motion or trauma.
Common examples of occupational diseases include:
- Carpal tunnel syndrome
- Black lung disease
- Asthma
- Asbestosis
- Cancer
- Hearing loss
- Heat exhaustion
Can You Prevent Occupational Diseases?
In some cases, yes. Your employer has a responsibility to follow state and federal regulations designed to protect workers from unnecessary illness and injury. For example, if you work around toxic chemicals, you should be provided with gear like respirators, masks, or eye protection (depending on the chemicals involved) to prevent direct exposure.
It is essential for workers to be aware of the dangers of their occupation so they can protect themselves and report safety violations to their nearest Occupational Safety and Health Administration (OSHA) office.
Workers who do end up developing an occupational disease may be eligible for workers’ compensation benefits. Our Florida law firm can support you as you seek these benefits.
What Occupational Diseases Are Covered Under Workers’ Compensation?
Under Florida Statutes § 440.151, occupational diseases are only covered if they result in “the disablement or death of an employee” and if “there are epidemiological studies showing that exposure to the specific substance involved, at the levels to which the employee was exposed, may cause the precise disease sustained by the employee.”
For this reason, you generally cannot file a workers’ compensation claim if you caught a cold from a coworker or if there is no proven link between your condition and your work environment.
How Can You Prove Your Workers’ Compensation Claim for Occupational Disease?
To receive benefits for an occupational disease, employees must typically show their job was a significant contributing factor to the development of the condition. Our workers’ compensation lawyers in Florida can do this through the use of convincing evidence, such as:
- Your medical records, which contain your official diagnosis and your doctor’s assessment of what treatments are necessary to help you recover or improve your quality of life
- Scientific studies linking your condition to the hazards you were exposed to
- Employer records that prove the hazardous condition was present at your worksite
- Photographs, video, or witness testimony that can confirm the conditions you worked under and what hazards were present in the workplace
- The presence or absence of protective equipment designed to prevent occupational disease
It may be more difficult to prove a claim for occupational disease than for an acute injury because:
- Diseases may not develop for years after exposure to the hazard. Even if occupational exposure caused your cancer, you might not develop noticeable symptoms until well after the fact. By the time you are diagnosed, you might not even work around the same hazards anymore.
- Many diseases have multiple potential causes. For example, if you develop lung cancer, it may be difficult to prove that it was caused by exposure to hazardous materials at work as opposed to smoking cigarettes.
- The insurance company may not want to pay you. Workers’ comp insurers know that it is often challenging to establish a connection between a disease and a particular exposure. They sometimes use this fact to their advantage to deny your claim.
Our workers’ comp law firm can deal with the insurance company and all other obstacles you may encounter during the workers’ compensation process.
What Compensation Can You Get for an Occupational Disease in Florida?
Workers’ compensation benefits help employees cover the cost of:
- Medical treatment
- Lost wages, up to 66 2/3 percent of your regular salary
- Other expenses related to your illness, such as the cost of vocational rehabilitation training so you can find a job that accommodates your disability
The exact amount you can recover for each of these categories depends on the severity of your illness. Using lost wages as an example:
- Say that Worker A must reduce working hours for one month as they are treated for carpal tunnel syndrome.
- Worker B must stay home from work for several months as they undergo aggressive chemotherapy for cancer.
- Assuming that Worker A and Worker B earn the same salary, Worker B will receive more for their lost wages because they were affected longer and could not work at all, while Worker A was still able to earn some money during treatment.
Are Occupational Illnesses Ever Fatal?
Unfortunately, yes: data from the U.S. Bureau of Labor Statistics (BLS) indicates that 60 Florida workers died after being exposed to hazardous substances or environments in 2023. Construction workers were especially susceptible to fatal occupational diseases.
If your loved one passed away from an occupational illness, please accept our condolences for your loss. A Florida wrongful death lawyer from our legal team can file a claim for death benefits on your behalf while you take all the time you need to grieve.
Our Attorneys Can Explain Workers’ Compensation Law to You
Occupational diseases are covered under Florida’s workers’ comp laws, but getting the workers’ compensation coverage you deserve can be complex and confusing. That is where the workers’ comp attorneys at Rosenberg & Rosenberg can help. We have over 50 years of experience handling workers’ compensation claims, and we know how to get our clients the benefits they need.
If you or someone you know developed an illness after occupational exposure, call us today or fill out our online form for a free consultation.
