Occupational Disease Claim: What Counts as an Occupational Disease in Connecticut?

Most workers in Connecticut know they may be eligible for workers’ compensation benefits if they suffer injuries on the job, but this insurance can also cover illnesses. An occupational disease claim is generally processed the same as a workplace injury claim, but some claimants could have trouble proving that their diagnosed conditions are directly related to their specific job duties and/or work environment.

Filing an Occupational Disease Claim in Connecticut

Occupational diseases are more common than many people realize. While workers in some industries are generally more vulnerable than others, the reality is that anyone diagnosed with any illness they believe to be occupational needs to understand their options when it comes to claiming workers’ compensation benefits.

The Bureau of Labor Statistics recorded about 35,700 reports from private industry employers throughout Connecticut in 2022 for nonfatal work-related injuries and illnesses. Of these, about 23,400 were severe enough to result in missed days of work, job transfers, or duty restrictions. Almost all private employers in Connecticut are required to have workers’ compensation insurance, and this insurance can apply to any work-related injury or illness.

A New London workers’ compensation lawyer can guide you through the claim-filing process. You will need medical evidence showing that you have been diagnosed with some type of occupational illness that directly affects your ability to work. You will likely need to undergo a functional capacity evaluation to determine the scope and severity of the harm you have experienced.

Claiming Benefits for an Occupational Disease

Occupational disease claims in Connecticut could pertain to cancers acquired by exposure to certain substances or by working in certain environments. Chronic respiratory illnesses could arise from working in environments with poor air quality or poor ventilation. A Connecticut workers’ compensation attorney can help you prove your diagnosis is work-related and assist you with securing the benefits you are legally eligible to claim from your employer’s insurance.

A successful workers’ compensation claim in Connecticut typically provides two forms of compensation to the claimant. First, the insurance company covers all medical expenses for their work-related injury or illness. This can include future medical treatment costs if they need any ongoing care. Second, the claimant can receive ongoing disability benefits during their recovery until they are able to return to work.

In the event the claimant has been diagnosed with a severe occupational disease that will not allow them to work anymore, they could qualify to receive permanent disability benefits. Additionally, if you have lost a family member in Connecticut due to an occupational disease, your family may qualify to receive death benefits from the employer’s workers’ compensation insurance.

Your attorney can help you file your claim for benefits, and you will need their help to resolve any complications you encounter with your employer and/or their insurance company. Unfortunately, some workers are treated unfairly or even face unlawful retaliation in response to workers’ compensation claims filed in good faith, and some insurance companies will attempt to settle occupational disease claims for as little as possible.

Ultimately, occupational disease claims in Connecticut follow the same procedures as work-related injury claims, but claimants may have a harder time proving their conditions are directly work-related. The team at Suisman Shapiro Attorneys-at-Law can help you build your occupational disease claim, so reach out to our firm as soon as possible to learn how a Connecticut workers’ compensation attorney can assist you.

FAQs

What Qualifies as an Occupational Disease?

An occupational disease is any disease or serious medical condition that was directly caused by you performing your job duties or by spending time in a specific work environment. To qualify for workers’ compensation benefits, you need to be able to prove that the disease was the direct result of your work and that you likely would not have contracted the disease in a different occupation or work environment.

How Much Can I Receive in Workers’ Comp Benefits for an Occupational Disease?

The amount you can receive in workers’ comp benefits for an occupational disease depends on the level of medical treatment you require and how much the disease interferes with your ability to work in the future. Your Connecticut workers’ compensation attorney can help you obtain benefits to cover your medical bills and your diminished earning capacity.

Can I Sue My Employer for an Occupational Disease in Connecticut?

You usually cannot sue your employer for an occupational disease in Connecticut if they have workers’ compensation insurance. However, you would be eligible to sue your employer if they do not have workers’ compensation insurance or if they intentionally caused your illness in some way. A New London personal injury lawyer may also help you file a third-party personal injury case if any party outside of your work is responsible for your diagnosis.

What Is the Difference Between a Work-Related Illness and an Occupational Disease?

The main difference between a work-related illness and an occupational disease is that a work-related illness is a broad term that can apply to any illness caused or aggravated by work conditions, and an occupational disease is a specific illness that resulted from known hazards in your particular occupation. For example, if you are a plumber, asbestos exposure is a recognized hazard in this profession, and mesothelioma would qualify as an occupational disease.

Why Should I Hire a Workers’ Compensation Lawyer?

You should hire a workers’ compensation lawyer to have a better chance of securing appropriate benefits from your occupational disease claim. Even if you believe your case is straightforward, the reality is that many workers’ comp claims are more complex than they initially appear. You need a skilled attorney on your side to help you recover the benefits you are legally eligible to claim from your employer’s insurance and explore any other legal options available to you.

Suisman Shapiro Attorneys-at-Law has more than 80 years of proven experience representing injured workers in New London and throughout Connecticut. We know the challenges that an occupational disease claim can present, and we are confident we can guide you to a favorable outcome in your case. Contact us today to schedule your consultation with an experienced Connecticut workers’ compensation attorney you can trust.