Garson Johnson Law Blog

OCCUPATIONAL DISEASES – GET THE FACTS

Asbestosis, carpal tunnel syndrome, bursitis, lead poisening.  What do they have in common?  They are occupational diseases.  This is not a complete list, but you get the idea.

What is an Occupational Disease? 

An Occupational Disease is a disease or chronic ailment resulting from exposure to conditions or substances that are damaging to your health and contracted or acquire during employment.  Simply, a disease acquired during your occupation or job.

Occupational Disease workers’ comp claim may be complicated because they typically occur over a period of time.  Talking to an attorney is extremely important if you think you have an occupational disease and want to file a workers’ comp claim.

What is the time limit to file a workers comp claim for an occupational disease?  

It depends.  This can get complex, so it is very wise to speak to an attorney about your specific situation.  The BWC website gives specific information:

Per ORC 4123.85, an occupational disease claim must be filed according to the following guidelines:

  • Two years after the disability due to the disease began (i.e., date of disability – see below);
  • Six months after the date of diagnosis by a physician;
  • Two years after a death due to the disease.

Date of disability due to occupational disease begins on the most recent of the following dates:

  • When the injured worker first became aware of the disease through medical diagnosis;
  • When the injured worker was first treated for the disease;
  • When the injured worker first quit work due to the disease.

If you think you have an occupational disease, call us today at (216) 696-9330 to discuss.

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