Workers’ Compensation for Occupational Diseases in Florida

What Is an Occupational Disease and How Do They Occur?

Occupational diseases occur because of unique factors in a specific industry or workplace. Such illnesses include respiratory concerns, skin conditions, cancer, or even chronic use injuries. Workers often get occupational diseases from:

• Prolonged exposure to hazardous substances such as chemicals, dust, fumes, or biological contaminants
• Repetitive physical strain from tasks such as heavy lifting or frequent use of the same tool, leading to musculoskeletal injuries and chronic pain
• Inadequate ventilation in the workplace, especially when there is limited use of personal protective equipment (PPE) and dangerous chemicals or excessive dust

Common Occupational Diseases

Occupational diseases vary widely in symptoms, severity, and prognosis. Some diagnoses for which you can seek workers’ compensation for occupational diseases in Florida include:

• Respiratory Diseases: Inhaling dust, chemicals, allergens, and fumes could cause silicosis, asbestosis, pneumoconiosis, occupational asthma, and chronic obstructive pulmonary disease (COPD).
• Skin Diseases: Occupational exposure can lead to contact dermatitis, skin cancer, and eczema and other rashes.
• Musculoskeletal Disorders (MSDs): Chronic overuse and repetitive motion injuries include carpal tunnel syndrome, tendinitis, bursitis, and chronic lower back pain and injuries.
• Noise-Induced Hearing Loss (NIHL): Hearing loss may occur because of long-term exposure to high-decibel environments and is common in construction and manufacturing.
• Cancer: Workers in certain industries may experience higher levels of asbestos-related cancers, including mesothelioma and lung cancer, as well as cancers associated with exposure to radiation or toxic chemicals.

High-Risk Industries for Occupational Diseases

Industries with a high risk of exposure to hazardous substances or strenuous work conditions lead to more workers with occupational diseases. Some with the highest risk include:

• Construction Workers: Construction workers could be exposed to asbestos, dust, and chemicals and are also at risk for repetitive strain injuries.
• Manufacturing Workers: Depending on the product being manufactured, workers could suffer exposure to chemicals that cause respiratory issues, skin conditions, and cancer. They may also be required to use the same tools or equipment for long periods of time, leading to repetitive strain.
• Agriculture Workers: Pesticides and other chemicals can lead to respiratory diseases and other concerns.
• Healthcare Workers: Frequent contact with infectious agents increases the risk of getting sick from work.
• Office Work: Office workers often suffer ergonomic injuries like carpal tunnel syndrome and chronic lower back pain.

How Workers’ Compensation Works for Occupational Diseases in Florida

Occupational diseases cause many injuries and illnesses in the United States and around the world every year. According to the U.S. Bureau of Labor Statistics (BLS):

• There were a total of 259,600 occupational diseases reported nationwide in 2023.
• Of these, 18,400 were skin diseases.
• Respiratory conditions were most common, with 125,400 cases reported.
• There were 14,600 cases of hearing loss.
• Those in the educational and health sectors were at the highest risk of being diagnosed with an occupational disease.

If you are diagnosed with an occupational disease, you could qualify for workers’ compensation benefits. In Florida, these benefits usually provide coverage of medical care costs, wage loss benefits, vocational retraining for those who need it, death benefits, and more. You will need to notify your employer about your diagnosis as soon as possible to begin the claims process.

Can You Sue Someone Based on Your Occupational Disease?

Florida law does not allow you to sue your employer for an on-the-job injury or illness, even if you believe their negligence caused your suffering. However, workers can file a third-party lawsuit if someone else was at fault. Depending on the circumstances, that could be:

• A vendor or contractor
• The property owner (if that party is not your employer)
• A sub-contractor working on the same site
• Another company whose worker caused your exposure or injury

Our Florida personal injury lawyers can determine if you qualify to pursue damages in this type of case. We will evaluate your options and explain how we can help you navigate the legal process. You can recover damages in a third-party lawsuit while also receiving workers’ compensation benefits.

Potentially recoverable damages in a personal injury lawsuit include additional lost income and pain and suffering losses.

What Should You Do if You Need Workers’ Compensation for a FL Occupational Disease?

Once you receive a diagnosis of a work-related injury or illness from an approved doctor, your next step is to notify your employer. You should follow the steps suggested in your employment handbook or other paperwork. This often involves notifying your supervisor or human resources (HR) representative in writing.

From there, your employer should contact the workers’ compensation insurance provider to begin the claims process. You can also contact them yourself if your employer fails to do so or refuses to do so.

In theory, the insurance carrier should review the information, determine your benefits, and approve you. However, this process does not always go smoothly. If you encounter issues, such as delays or a denial, contact our team as soon as possible. Rosenberg & Rosenberg can assist you if:

• The insurer tries to say that you missed the filing deadline because you should have known about your illness sooner
• The insurer offers too little money and claims your condition is not that bad
• The insurer tries to cut off your benefits before you are ready

How Our Workers’ Comp Attorneys Can Help You Get Compensation for a FL Occupational Disease

If you encounter issues with your workers’ compensation claim, our attorneys are here to help. We can explain your options and navigate the process necessary to secure the compensation you deserve. This could include filing your claim, providing additional documentation, or officially filing a challenge after a benefits denial.

Getting approval for workers’ compensation based on an occupational disease is often more complex than cases involving acute on-the-job injuries. It can be difficult to document a clear link between the disease and your work due to the long latency periods of many of these diseases. However, doing so is essential to receiving benefits.

Our legal team knows how to build strong support for workers’ compensation claims, including linking your diagnosis to your job. We work with medical experts and use our experience and resources to develop a compelling claim.

What Deadlines Apply in On-the-Job Injury Cases?

There are several deadlines you should keep in mind while you are seeking benefits based on an occupational disease:

• Your first responsibility is to get medical care as soon as you develop symptoms or other indications of an injury or illness.
• After your diagnosis, you must notify your employer within 30 days.
• While your employer should file your workers’ compensation claim quickly, this does not always happen. There is a two-year deadline to file this claim yourself if necessary.
• There is also a limited time to appeal if the insurer denies your claim.

If you qualify to file a third-party lawsuit, Florida Statutes § 95.11 generally requires you to act within two years. Determining when this period begins can be challenging in occupational disease cases. Our attorneys can assess your case and provide guidance about your legal options.

Our Florida Workers’ Compensation Lawyers Have the Experience You Deserve on Your Side

Rosenberg & Rosenberg has more than 50 years of experience fighting for compensation for injured clients in Florida. We have recovered millions of dollars in verdicts and settlements for our clients, including many hurt at work. We have the know-how and resources necessary to develop strong, compelling cases.

We treat our clients like a part of our family, helping them recover as fully as possible from their injuries and protecting their right to receive compensation. We know each case is different and requires a unique approach and personalized legal strategy. You can trust our team to help you understand your case, answer your questions, and fight for the compensation you deserve. We are available 24/7.

Rosenberg & Rosenberg is a contingency-fee law firm. We do not charge upfront costs or ask our clients to pay a retainer. Instead, our workplace injury lawyers work for a percentage of the compensation we recover for our clients. We can explain this process during your initial consultation with our team.

Discuss Your Occupational Disease Diagnosis With Our Florida Law Firm

At Rosenberg & Rosenberg, our attorneys understand that you need workers’ compensation benefits or other compensation to manage your occupational disease, treatment, and the time you miss from work as a result. Our lawyers can help you get workers’ compensation for occupational diseases in Florida, starting with a free, confidential consultation. Contact us today.