Work-related injuries are often immediate and visible, such as broken bones from a fall or burns from a fire. However, not all work-related health conditions develop overnight. Some illnesses take years to surface, often caused by long-term exposure to harmful substances or repetitive job-related activities. These are known as occupational diseases, and if you have developed one, you may be eligible for workers’ compensation.
In Florida, workers who suffer from occupational diseases can pursue benefits under the state’s workers’ compensation system. However, proving that your illness is directly linked to your job can be challenging. That’s why seeking legal assistance from experienced attorneys like Rosenberg & Rosenberg, P.A. can make a significant difference in your case.
What Are Occupational Diseases?
Occupational diseases are illnesses caused by exposure to harmful environments or substances in the workplace. Unlike sudden accidents, these diseases often develop over time due to prolonged exposure or repetitive stress.
Common Types of Occupational Diseases
-
Respiratory Diseases – Conditions like asthma, chronic obstructive pulmonary disease (COPD), and asbestosis result from prolonged exposure to airborne irritants such as dust, chemicals, or fumes.
-
Hearing Loss – Continuous exposure to loud noises in industries like construction or manufacturing can lead to occupational hearing loss.
-
Skin Disorders – Workers who regularly handle chemicals, detergents, or irritants may develop occupational dermatitis or eczema.
-
Repetitive Stress Injuries – Conditions like carpal tunnel syndrome can result from repetitive motions, such as typing or assembly-line work.
-
Toxic Exposure-Related Illnesses – Exposure to hazardous materials like asbestos, benzene, or radiation can cause severe conditions like mesothelioma, leukemia, or other cancers.
-
Infectious Diseases – Healthcare workers, lab technicians, and first responders are at risk of contracting diseases like tuberculosis or hepatitis due to workplace exposure.
Can You Get Workers’ Compensation for an Occupational Disease in Florida?
Yes, workers suffering from occupational diseases in Florida are eligible to file for workers’ compensation benefits. However, there are specific legal requirements that must be met to qualify. Under Florida law, a worker must prove that:
-
The illness directly resulted from workplace conditions.
-
The work environment placed them at greater risk of contracting the illness than the general public.
-
The disease was diagnosed by a qualified medical professional.
Unlike sudden injuries, these cases can be more complex because symptoms may not appear for years after exposure. That’s why having an experienced workers’ compensation attorney from Rosenberg & Rosenberg, P.A. is crucial.
Steps to Filing a Workers’ Compensation Claim for Occupational Diseases
If you have been diagnosed with an occupational disease, follow these steps to protect your rights and increase your chances of receiving compensation:
1. Report the Illness to Your Employer
Notify your employer as soon as you receive a diagnosis. Florida law requires you to report your condition within 30 days of discovering that it is work-related.
2. Seek Medical Treatment
Your health is the top priority. Visit a medical professional who specializes in occupational diseases. Florida workers’ compensation laws require treatment from an employer-approved physician.
3. File a Workers’ Compensation Claim
Your employer should file a claim with their workers’ compensation insurance copyright. If they fail to do so, you can file a claim with the Florida Division of Workers’ Compensation.
4. Gather Evidence
To strengthen your case, gather medical records, doctor’s notes, workplace exposure history, witness statements, and any documentation that proves your illness resulted from workplace conditions.
5. Consult a Workers’ Compensation Attorney
Occupational disease claims are often denied due to lack of evidence or disputes over whether the condition is work-related. Rosenberg & Rosenberg, P.A. can help you navigate the claims process, collect necessary evidence, and fight for your rightful compensation.
Challenges in Obtaining Workers’ Compensation for Occupational Diseases
Unlike physical injuries, occupational disease claims face several obstacles, including:
1. Delayed Symptoms
Many occupational diseases take years to develop, making it difficult to prove a direct link between work exposure and the illness.
2. Employer or Insurance Denials
Employers or insurance companies may argue that the disease was caused by non-work-related factors, such as smoking, genetics, or personal lifestyle choices.
3. Strict Filing Deadlines
If you fail to report your illness within the required timeframe, your claim may be denied.
4. Pre-existing Conditions
If you had a pre-existing medical condition, insurers might claim that your illness was not solely caused by workplace exposure.
These challenges highlight the importance of working with an experienced workers’ compensation lawyer who can gather medical evidence, consult with experts, and ensure that your rights are fully protected.
What Benefits Can You Receive?
If your workers’ compensation claim for an occupational disease is approved, you may be entitled to:
-
Medical Benefits – Coverage for doctor visits, hospital stays, medications, and necessary treatments.
-
Wage Replacement – Temporary or permanent disability benefits if your illness prevents you from working.
-
Rehabilitation Services – Coverage for therapy, vocational training, or career transition assistance if you cannot return to your previous job.
-
Death Benefits – If a worker dies from an occupational disease, their dependents may be entitled to financial benefits and funeral expenses.
Why Choose Rosenberg & Rosenberg, P.A. for Your Workers’ Compensation Case?
With over 50 years of experience, Rosenberg & Rosenberg, P.A. has helped injured workers fight for the compensation they deserve. Our workers’ compensation attorneys understand the complexities of occupational disease claims and will work tirelessly to build a strong case on your behalf.
Why Our Clients Trust Us:
✅ Free consultations to evaluate your case.
✅ Available 24/7 to answer your questions.
✅ Millions recovered for injured workers in Florida.
✅ Proven success in handling complex claims and appeals.
Contact Rosenberg & Rosenberg, P.A. Today!
If you or a loved one has developed an occupational disease due to workplace exposure, don’t wait to seek legal help. Contact Rosenberg & Rosenberg, P.A. today to discuss your options and secure the benefits you deserve.
Location: 2501 Hollywood Boulevard Suite 110, Hollywood, FL 33020
Toll-Free: +1 (954) 371-2196
Local: +1 (954) 371-2080
Visit our website to schedule a free consultation.
Comments on “Can You Receive Workers’ Compensation for Occupational Diseases?”