Hochman & Plunkett CO., L.P.A.
Phone 937-684-4607
Toll free 877-623-6863

When does a disease qualify for workers' compensation?

Although a majority of jobs in Ohio and other parts of the country are fairly safe, there are some that can cause an illness or health condition due to the materials used. For example, many workers in the past worked around asbestos and suffered from mesothelioma. Even though asbestos is rarely used nowadays, there are other chemicals that can cause chronic lung conditions and other illnesses. When this happens, the affected employee may be able to receive workers' compensation benefits, if the condition is considered to be an occupational disease.

There are two tests used to determine if a disease is covered under workers' compensation. First, the disease must have arisen through the employee's occupation. This means that the common cold or flu or even something serious such as the Ebola virus typically would not be covered. However if the person works with chemicals all day and is suddenly having breathing problems because of it, then there is a good chance that he or she may be eligible to receive benefits.

A second test must be passed, as well. The disease also must be specific to one's line of work. For example, it is plausible that a nurse could have contracted hepatitis or another disorder by touching a patient's infected blood. However, if, for example, an office worker contracted the same disease, it would be very difficult to prove that he or she contracted it while on the job. An office worker could, however, be diagnosed with carpal tunnel syndrome as a result of excessive typing.

Regardless of occupation, all employees have the right to work in a safe environment. Although hazards do exist in some industries, employers must do their part to keep workers safe. This can be achieved through proper ventilation, protective clothing, goggles and masks. In any case, employees should be aware of safety procedures and understand the dangers involved with the use of certain chemicals.

Source: Insurance Journal, "Is Ebola Compensable Under Workers' Compensation?," Christopher J. Boggs, Oct. 10, 2014

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