Under Florida state law, occupational diseases are treated in the same way as workplace accident injuries are treated. If your disease can be proven to be an occupational disease, it is compensable by Worker compensation.
An occupational diseases is one in which the “nature of the employment” is the major contributing cause of the disease. Florida Statute 440.151 specifies that the presence of the disease must be proven by medical testing and a physician’s examination., the hazards of the disease must be associated with the occupation and causation, and sufficient exposure to a specific, harmful substance must be shown to be present in the workplace to support causation.
Examples of common occupational or industrial diseases
- Lung diseases in miners and other workers
- Skin diseases in healthcare workers
- Carpal tunnel syndrome in computer workers
- Lead poisoning in industrial workers
- Radiation sickness in workers in the energy industry
To qualify for Worker compensation, you must prove that your disease was directly caused by your work with a particular employer. So, if you already had the disease when you started working with your employer, but failed to inform the new employer in writing that you had previously been disabled or laid off or had received compensation for that disease, then you will not be eligible for Worker compensation.
You must give notice to your employer within five months after the en of your exposure to the cause of the occupational disease, or within 90 days of when you were diagnosed or learned of the disability related to your work. If you fail to comply with requirements for giving notice within the proper timeframe, you will not be eligible for compensation.
If you have been diagnosed with an occupational disease, but you have been denied Worker compensation benefits, an attorney at Sternberg | Forsythe, P.A. can advocate for you in your case.
Contact our skilled Florida Worker compensation attorneys to discuss your case today
At the law firm of Sternberg | Forsythe, P.A., we have a thorough understanding of the benefits allowed under Worker compensation rules. We can answer your questions and give you solid legal counsel. Call us at 561..5660 or contact us online today.