Types of Occupational Diseases
Occupational diseases result from workplace conditions or exposures. Common types include:
- Respiratory Diseases: Asbestosis, silicosis, black lung, occupational asthma, chronic bronchitis
- Cancers: Mesothelioma, lung cancer, bladder cancer, leukemia from workplace carcinogens
- Hearing Loss: Noise-induced hearing damage from loud work environments
- Skin Conditions: Occupational dermatitis, chemical burns, skin cancer from UV exposure
- Neurological Disorders: Brain damage from solvent exposure, heavy metal poisoning
- Repetitive Stress: Carpal tunnel, tendinitis, chronic pain conditions
Proving Work-Related Causation
The challenge with occupational diseases is proving the condition was caused by workplace exposure rather than other factors. Key evidence includes:
- Medical records documenting your diagnosis and treatment history
- Employment records showing exposure to known hazards
- Expert medical testimony linking your condition to workplace exposures
- OSHA records and industrial hygiene reports
- Co-worker testimony about working conditions
- Scientific literature connecting your exposure to your disease
An experienced attorney can help gather this evidence and retain appropriate medical experts.
Asbestos and Mesothelioma Claims
Asbestos exposure claims are among the most significant occupational disease cases. Key facts:
- Mesothelioma has no known cause other than asbestos exposure
- Symptoms may not appear for 20-50 years after exposure
- Many manufacturers knew of dangers but continued using asbestos
- Special trust funds exist for asbestos victims
- Both workers' comp and third-party lawsuits may be available
Mesothelioma verdicts and settlements often exceed $1 million, with some cases reaching $10 million or more.
Statute of Limitations Issues
Occupational disease cases have special statute of limitations rules because injuries develop over time:
Discovery Rule: In most states, the clock starts when you know or should know that your condition is work-related, not when exposure first occurred.
Workers' Comp Deadlines: Most states have 1-2 year filing deadlines from discovery of the work-related condition.
Third-Party Lawsuits: Personal injury statutes of limitations apply, typically 2-3 years from discovery.
Because these deadlines can be complex, consult an attorney as soon as you suspect a work-related illness.
Third-Party Claims for Toxic Exposure
Beyond workers' compensation, you may have claims against:
- Chemical Manufacturers: Product liability claims for dangerous substances
- Equipment Manufacturers: If ventilation or safety equipment was defective
- Property Owners: If building conditions (like asbestos) caused exposure
- Previous Employers: If prior employment contributed to cumulative exposure
- Contractors: If third-party workers brought hazardous materials to your workplace