Special Issues in Florida Occupational Disease Claims
Most insurance companies define an occupational disease as any chronic ailment that occurs as a result of work or occupational activity. In Florida, this chronic condition must normally be a physical condition. Benefits for mental disabilities, such as Post Traumatic Stress Syndrome, are only available in a few cases, mostly for firefighters and other first responders. More on that below.
Occupational disease claims are especially complex in Florida, not only because of the legal limitations, but also because most job injury victims must see company doctors. Frequently, these doctors blame non-work-related or pre-existing conditions for what is, in reality, an occupational disease. A Tampa workers’ compensation lawyer has the tools to obtain the benefits you need and deserve. These benefits usually include lost wage replacement and reasonable medical bill payment.
Kinds of Occupational Diseases
Hearing loss, repetitive stress disorders, and toxic exposure illnesses are the most common occupational diseases in Florida.
Hearing loss affects over eight million Americans. Many workplaces are loud enough to cause permanent hearing loss, but they aren’t loud enough to trigger mandatory Occupational Safety and Health Administration hearing loss protocols, like mandatory earplugs.
Like many occupational diseases, hearing loss is relatively easy to treat, if doctors intervene quickly. Modern hearing aids are almost unbelievably small and effective. If doctors don’t intervene early, the only option may be radical eardrum surgery.
Repetitive stress disorders usually include joint conditions, such as knee, ankle, and elbow pain. These joints can only take so much wear and tear. That’s especially true if the victim uses the joint constantly with very little change in motion.
These occupational diseases affect blue collar and white collar workers alike. Office workers don’t repetitively stoop, bend, or kneel. But they do develop carpal tunnel syndrome in their wrists and screen stain syndrome in their eyes.
Toxic exposure could cause a wide range of illnesses, from breathing problems, to reproductive issues to cancer.
Work-Related Connection
This element is particularly difficult to establish in toxic exposure illness claims. Environmental toxins are everywhere, not just at work. Furthermore, it’s hard to connect many illnesses to toxic exposure, as opposed to a lifestyle issue, like smoking, or a genetic predisposition.
Usually, a Tampa workers’ compensation lawyer partners with an independent doctor who reviews the medical records, examines the victim, and establishes this connection.
Similar problems affect hearing loss and repetitive stress claims. Most people hear loud noises all the time and not just at work. Similarly, joint strain is an everyday problem, not exclusively a work problem.
Maximum workers’ compensation benefits are nevertheless available if a pre-existing or non-work -related condition contributes to the risk and/or severity of illness. A Tampa workers’ compensation lawyer must simply prove the pre-existing condition aggravated the work-related condition, and not vice versa.
Available Medical Treatment
A few final words about available medical treatments. Not all victims can tolerate all available medical treatments. The aforementioned radical surgeries are a good example. So, if treatment or medication is available, an illness could still be disabling.
Workers’ compensation benefits are usually available for temporary and permanent disabilities, whether these conditions are temporary or permanent.
Rely on a Detail-Oriented Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.
Source:
dli.pa.gov/Businesses/swif/claims/Pages/What-is-Work-Related-Inury-and-Occupational-Disease.aspx
