Occupational Diseases Caused By Employment
An occupational disease is a condition or illness caused by occupational exposure in the workplace. In order for an occupational disease to be covered under the workers’ compensation law, the employee’s worker’s compensation attorney must prove that the employee’s work was the “prevailing factor” in causing both the medical condition and disability resulting from the claimed occupational disease.
Common examples of occupational diseases recognized by Missouri Workers’ Compensation Law are:
- Injuries caused by repetitive motion. Examples include, but are not limited to carpal tunnel syndrome, trigger finger and epicondylitis.
- Loss of hearing due to industrial noise. This can be a loss of hearing in one or both ears due to prolonged exposure to harmful noise in employment.
- Radiation disability. This is a disability resulting from employment related exposure to various types of radiation.
This is not an exhaustive list of occupational diseases which are compensable under Missouri Workers’ Compensation Law. If you have a condition you believe is an occupational disease, you should: Notify your employer (the process is described below), seek medical attention, and/or consult with Michelle Funkenbusch regarding the legal issues involved in pursuing a Workers’ Compensation Claim.
My Work Injury Occurred Over Many Years, Do I Need To Give Official Notice To My Employer of my Injury?
YES! As of August 28, 2005 cases of occupational disease must be reported to your employer within 30 days of the diagnosis of the condition.
Failure to report your injury or occupational disease to your employer may jeopardize your ability to receive workers’ compensation benefits. To assure your right to benefits for which you may be eligible, notify your employer in writing no later than 30 days after the diagnosis of the condition. The written notice to your employer must state the date, time and place of the injury, the nature of the injury or occupational disease and the name and address of the person with the injury or occupational disease.
Always make a copy of the written notice for yourself and keep a written record of the date you mailed your notice. If you hand-deliver your notice, keep a record of the date and time of the delivery and the full name and title of the person you delivered it to.
Please contact The Law Offices of Michelle M. Funkenbusch immediately if you are diagnosed with a condition you believe was caused by your employer so that your rights are protected, 314-338-3500.