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Occupational Disesases

Employees that suffer from occupational diseases may claim and receive workers’ compensation benefits.  These types of disease usually occur from exposure at work and have a slow onset that may not be recognized for years. Occupational diseases must also be causally related to the exposure at work.  Additionally, in occupational disease cases, there must be a disablement as a result of the occupational disease.  A disablement is the employee becoming totally or partially incapacitated because of the occupational disease.  The disablement must stop the employee from performing the employment in the last occupation which injuriously exposed the worker to the hazards of the disease.  There are many factors that must be examined to determine if some has a disablement.  It is not as simple as whether the person missed time from their employment.  In occupational disease cases the attorney representing the claimant has the burden of choosing the correct employer for which to file the claim for benefits against.  This can get very tricky if the employee has two jobs concurrently which may have the same exposure effects.  The general rule is that the employer that had the last injurious exposure to the hazards of the disease should pay for the claim.  Occupational diseases may also be found compensable if they are an aggravation of a preexisting condition.