Why are Occupational Diseases so Hard to Prove?

Many injuries develop over time. It’s a part of getting older and exposure to certain environments. Many athletes, for example, develop brain injuries such as chronic traumatic encephalopathy (CTE) throughout their careers, but the condition isn’t proven until post-mortem. This turns these matters into wrongful death personal injury cases. 

Occupational diseases focus on illnesses that develop and affect clients while they’re alive. However, due to the complexities that come with proving the link between a workplace and an injury, it’s recommended to partner with a personal injury attorney in Century City. Our attorneys at Vaziri Law, LLP, can help clients gain access to medical experts and file their claim.  

What are Occupational Diseases? 

According to California Labor Code 3208.1, occupational diseases are illnesses people can develop over time due to daily exposure to hazardous chemicals. These diseases vary from workplace to workplace, but they typically happen for multiple reasons and over a period of time.  

Common Causes 

The most common causes of occupational diseases include: 

• Biological agents. This includes contact with bites, scratches, punctures, fluids, or waste from people, animals, plants, insects, or fungi. Biological agents encompass parasites, viruses, bacteria, and any other living organisms that can make you sick.  

• Chemical exposure. This includes exposure to lead, benzene, pesticides, arsenic, carbon monoxide, and many more toxic chemicals.  

• Ergonomic problems. This includes physical harm as a result of repetitive movements, improper workstation setup, poor lighting, etc.  

• Physical agents. This includes injury or harm associated with loud noise, extreme temperatures, radiation, magnetic fields, and other agents that can affect a space. 

• Psychological trauma. This includes mental health concerns arising from stress, bullying, violence, harassment, and other stressful and traumatic events.  

Common Occupational Ailments 

Exposure to these causes can lead to various illnesses such as:  

• Skin diseases (sun burn, eczema, skin cancer) 

• Respiratory illnesses 

• Mesothelioma 

• Lead poisoning  

• Hearing loss 

• Cancer  

• Mental health disorders (PTSD, depression, anxiety) 

• Infectious diseases (tuberculous, hepatitis, HIV, COVID-19) 

• Cardiovascular diseases (stroke, heart attack, and hypertension) 

• Musculoskeletal disorders (carpal tunnel, tendonitis, fibromyalgia) 

Why is it Difficult to Prove these Illnesses? 

Since these illnesses manifest over time due to constant exposure to these dangerous conditions, it can be difficult to link someone’s illness to their workplace. When filing a case, the other party will try to do as much as they possibly can to avoid losing money. They can argue against a case by using the following arguments.  

Multiple Reasons for Illness  

For example, if someone experiences hearing loss due to working in an industrial setting for over 20 years, it can be difficult to link the two. Since this loss happened over time, it can be argued that it’s a part of getting older.  

Pre-Existing Medical Conditions 

Pre-existing medical conditions are medical issues that existed before enrollment in a health insurance plan. However, in an occupational illness case, pre-existing medical conditions refer to any medical issue that exists before a workplace incident. This is a common factor in a worker’s compensation case as well.  

Biology 

Defense attorneys can claim aging, genetics, and any other biological factors led to the development of the occupational illness in question.  

Inadequate Medical Records 

If there are inadequate medical records, insurers can use this to lessen the extent of the illness. This can include limited reporting or incorrect record keeping on behalf of medical professionals.  

Delayed Reporting 

Delayed reporting can be used against clients. Similar to filing a personal injury case near the two-year mark, the other party will raise an eyebrow and question why it took so long to report a claim. However, due to the development of occupational illnesses, a personal injury lawyer in Century City can be a big help to bridge the gap in reporting. 

Minimization of Exposure 

Due to a workplace’s responsibility to keep their employees safe and limit exposure to hazardous elements, employers can argue a client was not exposed enough to develop an illness.  

How to Prove Occupational Diseases 

To prove an occupational disease, a few conditions need to be met. 

1. Exposure. Employees must prove that they were exposed to a harmful substance and/or condition at work. 
2. Connection. The disease and/or condition must be linked to that exposure. 
3. Repeated exposure. Consistent exposure in the workplace led to the development of illness. 

To prove the following three conditions, employees need to provide the following evidence: 

• Medical records and a doctor’s opinion on the causation of said illness 

• Employment records that document job responsibilities  

• Safety records showing exposure 

• Expert testimony linking workplace exposure to illness 

• Witness statements about conditions and exposure 

Work History is Key 

If a client has had multiple jobs, it’s important to keep a detailed record of their employment history, responsibilities, equipment usage, safety training, and frequency of exposure. This can help doctors and attorneys pinpoint where a client could’ve developed an occupational illness.  

How Filing an Occupational Disease Claim is Different 

In California, a personal injury case can be filed up to two years after an accident, unless said accident involved a government office. However, when it comes to occupational diseases, clients have 1 year after the date of diagnosis if their doctor linked their illness to workplace exposure.  

Keep in mind that insurance companies will look at a client’s work history when investigating an occupational illness claim. They will also consider any pre-existing medical conditions, limited workplace documentation, and questions about the diagnosis.  

What Can Clients Receive as Compensation? 

Based on the evidence provided and the specifics of the illness in question, clients may be eligible for some, or all, of the following benefits via worker’s compensation:  

• Medical treatment 

• Prescription medicine 

• Diagnostic testing 

• Temporary/permanent disability benefits 

• Supplemental job displacement benefits  

How Are These Different from Other Workplace Injury Cases? 

Other workplace injury cases relate to physical injuries such as concussions, brain injuries, and other complications from slips and falls. These fall under the usual personal injury case that determines damage based on people’s physical and psychological damages. It also relies on negligence to determine if a workplace was responsible for the physical accident. 

If clients choose to file a personal injury case, they can recover compensation from economic, non-economic, and punitive damages. 

Economic Damages 

While a workplace injury case can cover a portion of lost income, personal injury can cover the loss of an entire salary and/or potential earning capacity.  

Non-Economic Damages  

Non-economic damages are psychological damages that stem from the illness at the center of the case. This includes the development of ailments such as PTSD, anxiety, disability, etc.  

Punitive Damages  

This penalty is applied after an investigation concludes that the workplace was aware of the damage it was doing and did nothing to address the problem. To punish the workplace, the court will charge the workplace a fine that will be awarded to the injured party. 

FAQ 

What’s Better: An Occupational Illness Lawyer or a Personal Injury Lawyer?  

That depends on the direction a case will take. In the case of exposure to hazardous chemicals, it’s best to speak to a personal injury lawyer. If the case relates to a condition like carpal tunnel, it’s probably best to speak to an occupational illness lawyer. However, you may want to consult both types of attorneys before making a final decision.  

Can I File for Both?  

In some cases, yes. If a workplace injury was due to an unrelated third party, clients can file a case against the workplace and the person responsible for the accident. For example, if a third-party delivery driver injures an employee on the premises, the injured party can file a claim against their employer and the third-party delivery driver.  

How Long Should I Wait to Inform My Employer of My Injury?  

For the best results, employers need to be notified of an occupational illness within 30 days of an official diagnosis. This leads to a delay in launching an investigation which can affect benefits. 

Can I File a Personal Injury Case for Illness?  

If a client has evidence that proves a workplace was negligent in causing an illness, the potential to file a dedicated personal injury case. It’s highly recommended to visit a personal injury lawyer in Century City to learn more.  

I See Class Action Lawsuits for a Condition I Have, Can I Join?  

If your place of employment uses a certain product that is linked to an illness, it’s highly recommended to see a personal injury lawyer in Century City. While class action lawsuits can be an avenue to follow, they often offer minimal payouts to individual plaintiffs. Before signing up, consult an attorney about your situation to learn what you can do.  

What if My Claim is Initially Denied?  

If a claim is denied, seek an attorney to understand what happened. They can provide insight into the case and hopefully help clients build a stronger case to successfully challenge a denial.  

How Much is a Lawyer? 

Personal injury lawyers work on a contingency fee. This means that if an attorney wins the case, they’ll take a pre-agreed upon percentage afterwards. Lawyers will usually take around 30% of winnings, but each firm is different. Speak with the attorney before partnering with them to confirm their fees.  

Do I Always Need Legal Advice? 

No; however, it’s always recommended to see an attorney prior to a negotiation with an insurance company if compensation is discussed. 

How Often Do Cases Go to Court? 

It’s very rare that cases go to court. If they do, an attorney will inform their client and prepare them for testimony. 

 Why Do Cases Go to Court? 

If a case does go to court, it’s typically because the case is extremely complex, or a party is refusing to pay the amount the other party is asking for.  

Contact a Personal Injury Attorney 

Occupational diseases come in many forms. While not all of them can be handled by a personal injury attorney in Century City, it’s a good idea to learn about the potential options clients may have in a case against a negligent employer. If you have a case that you’re unsure about, contact us today to schedule a free consultation!