When most people think about workplace injuries, they picture one-time accidents like a slip and fall or getting a hand caught in machinery. But many employees develop injuries or illnesses gradually as a result of work conditions or activities that are a regular part of their job. If this has happened to you, you should generally be eligible for workers’ comp benefits. Still, you could face extra hurdles to prove that your medical condition was caused by your work rather than activities in the rest of your life. And that may be more difficult in some states than in others.
Ongoing exposure to harmful substances at the workplace can cause occupational illness such as:
The definitions of occupational diseases—and the requirements for proving that you have such an illness—are somewhat different from state to state. Typically, you’ll need medical evidence that your on-the-job exposure caused a type of illness that is a particular risk in your line of work—more so than in other jobs or for the general public.
If you have a disease that many people develop outside of work, like heart disease or lung cancer, you may have trouble qualifying for worker’ comp. The laws in some states rule out coverage for these “ordinary diseases of life.” Elsewhere, you may have to meet especially strict requirements for proving that your job was to blame for your condition. The insurance company will probably insist on an independent medical exam, and your right to benefits could come down to competing medical reports.
Many jobs require workers to do the same physical actions over and over. Most people are aware of carpal tunnel syndrome or other repetitive stress injuries that develop from prolonged use of a keyboard or computer mouse. But employees in a wide range of jobs can develop a variety of painful, even debilitating, conditions as a result of repeated micro-movements, lifting, or awkward postures. Other employees who work in noisy environments may develop hearing loss.
Besides carpal tunnel, some common repetitive injuries include:
Often called cumulative trauma injuries, these conditions are usually covered by workers’ comp. Here again, it may be difficult to prove that your work was the cause—rather than other activities in your life—and the insurance company may deny your claim at first. But our survey of repetitive stress injuries in workers’ compensation showed that 75% of injured employees eventually received a settlement or award, even though nearly half of those people were initially denied benefits.
Even if you had a pre-existing condition, you may still be able to receive workers’ comp benefits if more recent work activities or exposure aggravated the problem. For example, you may have had childhood asthma that was controlled but then flared up as a result of exposure to dust or chemicals on the job. Or maybe you had an old back injury from a car accident that was wasn’t causing you trouble—until it got worse when you had to lift heavy objects every day at work.
Although workers’ comp typically covers aggravation of preexisting injuries, some states may reduce certain benefits (such as permanent disability awards) to account for the role of the old injury or illness in your current medical condition.
Take the following steps if you think you have suffered an occupational illness or work-related chronic injury: