Workers’ Compensation for Occupational Diseases

A workplace injury is not always a sudden, single event like a fall from a ladder or a machinery accident. Sometimes, the harm is gradual, invisible, and develops over years of dedicated work. It might start as a persistent cough, a loss of hearing, or a painful tingling in your hands. These conditions, known as occupational diseases, are caused by long-term exposure to hazardous substances or harmful conditions in your work environment. For Alabama workers in industries from manufacturing and construction to healthcare, the connection between their job and their declining health may not be immediately obvious.

Proving that a long-developing illness is directly tied to your employment presents a set of challenges distinct from a standard injury claim.

What Qualifies as an Occupational Disease in Alabama?

Alabama’s Workers’ Compensation Law makes a clear distinction between a traumatic injury and an occupational disease. While an injury results from an accident, an occupational disease is a condition that arises from exposure to hazards specific to a particular trade or occupation. The illness must be a natural and direct result of that exposure.

This means that an ordinary illness that the general public could contract is not typically covered. For example, catching the flu at work would not be considered a compensable occupational disease. However, developing a lung condition from inhaling specific chemical dust found only at your manufacturing plant would likely qualify. The key is establishing a direct causal link between your job duties and your medical diagnosis.

To be compensable under Alabama law, an occupational disease generally must:

• Be caused by a hazard that is specific to your work environment.
• Result directly from exposure to that hazard during your employment.
• Be a condition that is not an ordinary disease of life to which the general public is equally exposed.

The Distinction Between Occupational Disease and Repetitive Stress Injury

It is important to note the legal difference between an occupational disease and a repetitive stress or cumulative trauma injury. While both develop over time, the law often treats them differently.

• Occupational Disease: This is typically caused by exposure to a harmful substance or condition. Think of breathing in asbestos fibers or being exposed to industrial solvents. The hazard itself causes the illness.
• Repetitive Stress Injury (RSI): This results from the physical wear and tear of performing the same motions over and over. Conditions like carpal tunnel syndrome from typing, tendonitis in the shoulder from lifting, or chronic back problems from manual labor fall into this category.

In Alabama, repetitive stress injuries are often legally classified as “accidents” that occur over time. The “date of injury” is usually considered the last day you were exposed to the repetitive work or the date your condition became apparent. This distinction can affect important deadlines, so identifying the correct nature of your condition is a vital first step.

Common Occupational Diseases in Alabama’s Industries

Alabama has a diverse economy with robust manufacturing, construction, mining, and shipping sectors. Unfortunately, the nature of this work can expose employees to hazards that lead to serious, long-term health problems.

Here are some of the occupational diseases we see affecting workers in our state:

Respiratory and Lung Conditions

These illnesses are often caused by inhaling dust, fibers, fumes, or gases in the workplace.

• Asbestosis and Mesothelioma: A significant risk for shipyard workers in Mobile, construction workers, and those in older industrial facilities who were exposed to asbestos. These diseases have a long latency period, often appearing decades after exposure.
• Silicosis: Caused by inhaling crystalline silica dust, a danger for those in construction, mining, and quarry work.
• Coal Workers’ Pneumoconiosis (Black Lung): A debilitating disease affecting coal miners from exposure to coal dust.
• Byssinosis (Brown Lung Disease): Affects textile workers who inhale dust from cotton or other fibers.
• Occupational Asthma: Can be triggered by a wide range of substances, including chemicals, wood dust, and agricultural dust.

Noise-Induced Hearing Loss

Long-term exposure to loud noise in factories, on construction sites, or at airports can cause permanent, irreversible hearing damage and tinnitus (ringing in the ears). This is one of the most common yet often overlooked occupational conditions.

Skin Disorders

The skin is the body’s largest organ and is frequently exposed to workplace hazards.

• Contact Dermatitis: A common ailment for workers who handle chemicals, solvents, cleaning agents, or even wet cement. It can cause painful rashes, blisters, and inflammation.
• Skin Cancer: Outdoor workers, such as roofers, road crew members, and landscapers, have a much higher risk of developing skin cancer due to prolonged sun exposure.

Poisoning from Chemical and Toxin Exposure

Exposure to heavy metals and industrial chemicals can lead to systemic health problems affecting the nervous system, kidneys, and other organs.

• Lead Poisoning: A risk for battery plant workers, welders, and those involved in demolition or renovation of older structures.
• Mercury Poisoning: Can affect workers in chemical manufacturing plants and other industrial settings.
• Pesticide Exposure: A serious concern for agricultural and landscape workers.
• Benzene Exposure: Benzene is a known carcinogen, and exposure can occur in chemical plants, oil refineries, and other industries.

What Proof Is Needed to Support an Occupational Disease Claim?  

Because these diseases develop slowly and can be caused by non-work factors, the burden of proof is on the injured worker. The insurance company will almost certainly investigate other possible causes for your condition, such as lifestyle choices, hobbies, or pre-existing health issues.

To build a successful claim, you and your legal team must gather substantial evidence to establish a clear link between your job and your illness. This typically involves:

• A Definitive Medical Diagnosis: You must have a clear diagnosis from a qualified physician. This is the foundation of your claim.
• Evidence of Workplace Exposure: This can include your own testimony about your job duties, statements from coworkers, workplace safety records, and assessments from industrial hygiene professionals who can test for and identify hazardous substances.
• Medical Causation Evidence: This is the most critical element. You need a medical opinion, often from a doctor who specializes in occupational medicine, stating that your disease was, to a reasonable degree of medical certainty, caused or significantly contributed to by your workplace exposure.
• Proof of Disablement: You must show how the disease has impacted your ability to work and earn a living.

What Are the Filing Deadlines for an Occupational Disease Claim?

Meeting deadlines is absolutely essential in any workers’ compensation case. For occupational diseases, the timelines can be particularly confusing.

• Notice to Employer: You must give your employer written notice of your condition. While the law allows up to 90 days, this period starts from the “date of injury.”
• Statute of Limitations: You generally have two years from the “date of injury” to file a claim in court.

The key question is, what is the “date of injury” for a disease that takes years to develop? In Alabama, it is generally defined as the date you knew, or reasonably should have known, that you had the condition and that it was related to your employment. An insurance company may argue that you should have realized the connection much earlier to try and bar your claim. This is a frequent point of dispute where having legal guidance is invaluable.

What Benefits Can Be Recovered for a Work-Related Illness?

If your claim is successful, you are entitled to the same categories of benefits as a worker who suffered a traumatic injury. These benefits are designed to cover your medical costs and replace a portion of your lost income.

• Medical Benefits: This covers all reasonable and necessary medical care related to your occupational disease for the rest of your life. This can include doctor visits, hospitalizations, prescription drugs, oxygen therapy, cancer treatments, and other long-term care needs.
• Temporary Total Disability (TTD) Benefits: If you are unable to work at all while receiving treatment, you can receive weekly payments equal to two-thirds of your average weekly wage, up to a state maximum.
• Permanent Partial Disability (PPD) Benefits: If the disease leaves you with a permanent impairment but you can still work in some capacity, you are entitled to PPD benefits. The amount is based on your physical impairment rating or your loss of earning capacity.
• Permanent Total Disability (PTD) Benefits: If your condition is so severe that you can no longer perform any type of gainful employment, you may be eligible for lifetime PTD benefits.
• Death Benefits: If a worker passes away due to a compensable occupational disease, their dependents are entitled to receive death benefits, which include weekly wage replacement and a payment for funeral expenses.

Why Are Occupational Disease Claims Frequently Denied?

Injured workers are often surprised when a claim for a serious, work-related illness is denied. Insurance carriers scrutinize these cases carefully and will raise multiple defenses to avoid paying benefits.

Common reasons for denial include:

• Disputing Causation: The insurer will argue that your illness was caused by something other than your job, such as smoking, genetics, or a pre-existing condition.
• Missed Deadlines: They may claim you did not provide notice or file your claim within the complex time limits set by the statute of limitations.
• The “Ordinary Disease of Life” Defense: They may argue that your condition is common in the general population and not unique to your occupation.
• Insufficient Medical Evidence: The insurer can argue that your medical records do not sufficiently prove a direct link between your work and the disease.

How a Knowledgeable Alabama Workers’ Comp Attorney Can Help

Navigating an occupational disease claim is a difficult fight to undertake alone, especially while managing a serious health condition. An attorney who concentrates on workers’ compensation law can level the playing field and handle every aspect of your claim.

A lawyer can assist by:

• Thoroughly Investigating Your Work History: Gathering evidence to document the nature and extent of your exposure to hazardous conditions.
• Working with Medical Professionals: Ensuring you have strong medical evidence from physicians and other experts who can connect your diagnosis to your job.
• Meeting All Legal Deadlines: Filing all necessary paperwork correctly and on time to protect your right to benefits.
• Fighting a Denial: Building a strong case to appeal a denied claim and representing you in all legal proceedings.
• Negotiating a Fair Settlement: Calculating the full value of your claim, including all future medical expenses and lost wages, to ensure any settlement is fair.

Contact Our Alabama Workers’ Compensation Law Firm Today

If you or a loved one has been diagnosed with a serious illness that you believe is connected to your job, do not wait to seek help. The process of securing workers’ compensation benefits for an occupational disease is complicated, and the stakes are too high to face the insurance company on your own. The dedicated legal team at Thiry & Caddell, LLP is committed to protecting the rights of sick and injured workers across Alabama.

We invite you to schedule a free, no-obligation consultation to discuss your situation. We can answer your questions and provide a clear assessment of your legal options. Call us today at (251) 336-3627 or complete our online contact form to get started. Let us put our experience to work for you.