Every employee in Washington deserves safe and fair working conditions. However, even the safest environments can cause a permanent, life-altering medical condition, often called an occupational disease. Because an occupational disease is the direct result of your job, you may be eligible for workers’ compensation benefits through the Washington State Department of Labor and Industries (L&I).
What Is an Occupational Disease?
An occupational disease, sometimes called an industrial disease, is a chronic condition caused or aggravated by someone’s work duties. For example, a job requiring repetitive motions (like packing boxes) may cause carpal tunnel syndrome. However, if you already have carpal tunnel syndrome, your duties may aggravate it and make it worse, which is also a valid occupational disease claim.
What Conditions Qualify for an Occupational Disease Claim in Washington State?
While some states have a list of specific medical conditions that count as an occupational disease, Washington State takes a different approach with a straightforward rule: an occupational disease is one that “arises naturally and proximately out of employment.” Put more plainly, if it weren’t for your job duties, your condition wouldn’t have developed. It’s not just a coincidence.
The main focus of an occupational disease claim is what your job actually involves. A claim manager will look at whether your condition is directly connected to your work, things like your job duties and requirements, the work environment, or what you’re exposed to on the job.
Your condition doesn’t have to be “unique” or “peculiar” to your particular job or workplace. It’s enough of a connection if your condition is “distinctive” or “specific” to the type of work you do. For example, a construction worker who develops elbow tendonitis due to years of hammering may have an occupational disease.
Because the definition of an occupational disease is so broad in Washington, nearly any medical condition can qualify as an occupational disease, including:
- Repetitive motion injuries, like carpal tunnel, hip, knee, and joint injuries
- Back conditions
- Lung disease
- Cancer
- Noise-induced hearing loss
- Asthma
- Some communicable diseases (like bloodborne pathogens or influenza)
- Lead poisoning
Special Considerations for First Responders
Washington State presumes that if first responders, like firefighters, law enforcement officers, and 911 operators, develop an occupational disease, it’s due to their occupation. Because the State presumes your occupational disease is a result of your job, you don’t have to prove your job caused it.
Conditions covered under this presumption include:
- Heart problems, if they occur within 72 hours of exposure to smoke, fumes, or toxic substances, or within 24 hours of strenuous physical exertion
- Respiratory disease
- Cancer, but only for firefighters who develop it after 10 years of service, and only for certain types of cancer
- Infectious diseases
- PTSD from repeated exposure to traumatic events, after 10 years of service for firefighters and law enforcement officers. However, 911 operators do not automatically qualify.
Direct care registered nurses can also qualify for PTSD as an occupational disease if they’ve been employed in Washington State for at least 90 consecutive days.
Your right to file an occupational disease claim through the workers’ compensation system doesn’t end when you leave the job. You have three calendar months for each year of service to file a claim. So, if you were a first responder for 15 years, you have 45 months (three years and nine months) to file.
It’s important to note that L&I has the right to dispute your claim, though the burden is on them to prove your job didn’t cause your occupational disease. The Department can use things like your tobacco use, lifestyle factors (your physical fitness level or weight), or hereditary factors in their argument.
What Is a Work Injury?
A work injury, sometimes called an industrial injury, is different from an occupational disease.
An occupational disease is a condition that generally develops gradually, often due to repeated exposure to hazardous work conditions or repetitive duties. These conditions are chronic, meaning you’re unlikely to make a full recovery from them, which can impact your quality of life, earning potential, and shorten your lifespan.
A work injury or industrial injury is usually a sudden and specific event that happens during the course of your job:
- Slipping on a wet floor
- Being cut by sharp tools or box cutters
- Falling from a ladder or roof
- Being struck by something falling from a shelf
- Getting caught in a machine
These work injuries cause physical harm, like a broken bone or deep cut, but you’re more likely to recover from a work injury without permanent or long-lasting injuries compared to an occupational disease.
How To Make an Occupational Disease Claim
Injured workers have two years to file an occupational claim with L&I. Your two-year clock doesn’t start running until you receive written notice from a doctor or licensed advanced practice registered nurse that you have an occupational disease and you are notified about your right to file a workers’ compensation claim. You can also file a workers’ compensation claim for your work injury, but you only have one year to do so.
The clock doesn’t stop if an injured worker dies. If the injured worker received written notice before their death, their family can file an occupational disease claim for the remainder of the two-year window on the injured worker’s behalf.
Once you have written documentation that you have an occupational disease, you can file a workers’ compensation claim online, by phone, or at your doctor’s office. You and your doctor will need to fill out the Report of Accident (ROA), officially titled “Report of Industrial Injury or Occupational Disease.”
You’ll also need to present three things to your L&I claim manager:
- A doctor’s opinion that your job more than likely caused your occupational disease or aggravated a preexisting condition. “More than likely” means more than 50% in this case.
- Objective medical findings that support the diagnosis of an occupational disease.
- Evidence that links your occupational disease claim to your specific job duties and work environment, not just your industry in general.
What Workers’ Compensation Benefits Can I Get for an Occupational Disease Claim?
If L&I approves your occupational disease claim or work injury claim, you’re eligible for workers’ compensation benefits such as:
- Medical care, including paying for hospital bills, surgery, and other medical expenses
- Time loss compensation
- Permanent partial disability (PPD)
- Vocational training
- Pension
Experienced Workers’ Compensation Lawyers
Workers’ compensation bridges the income gap when you’re injured on the job. But proving your job caused your occupational disease or work injury is challenging, especially when you’re not familiar with the law or how it applies to your case.
At Walthew Law Firm, our team of occupational disease lawyers has a deep understanding of the complex rules and regulations regarding occupational disease claims and extensive experience navigating the workers’ compensation system. For over 90 years, we’ve aggressively advocated for the legal rights and financial interests of injured workers.
You don’t have to go it alone. Our team is on your side, protecting your rights and advocating on your behalf to ensure you receive the maximum workers’ compensation benefits you’re entitled to. Contact us today for a free, no-obligation, and confidential case review to learn more about what we can do for you. There’s no fee unless you win.