What Types of Illness Would Qualify for a Workers’ Comp Claim in California? 3 Dangerous Examples

What happens if someone is sick? Does workers’ compensation also cover illness?

For a workers’ comp case, we often think of physical injuries over illness.

Incidents like a slip and fall or explosion resulting in a burn can lead to serious physical problems for the victim. But are certain illnesses eligible for workers’ compensation?

Essentially, yes, but there are some guidelines.  According to the California Department of Industrial Relations, workers’ comp benefits can provide medical treatment needed to recover from a work-related illness. 

The key to a successful claim would involve providing evidence that the sickness was caused by your line of work. This can be a gray area for many workers, and might disqualify several types of illness. 

While getting sick with a cold or the flu are not really applicable, some of the most common workers’ compensation claims related to illness are for occupational diseases such as:

• Lung disease, like asthma or lung cancer
• Hearing loss
• Skin conditions caused by burns

Other examples that may fit a workers’ comp claim for illness include exposure to:

• Dangerous chemicals 
• Asbestos
• Radiation
• Smoke inhalation

For example, if Jane catches a cold and misses time from work, it’s difficult to prove that the source of the cold was her actual place of employment. Even if someone near her at work was sick, she could’ve been infected somewhere completely different than her job. 

However, if Jane was a construction worker subjected to asbestos that her workplace never informed her of, she could have a claim based on the grounds of the construction site leading her to be exposed to the toxic mineral. It is a requirement that companies warn of any potential hazards.

The COVID-19 Pandemic brought about many workers’ compensation claims. The California Workers’ Compensation Institute projected 43,158 COVID-19 workers’ comp claims for December 2020.

While those types of claims continue to drop considerably, it’s undeniable that the link between claims and illnesses greatly increased due to the pandemic.

Again, this would be a situation where one would have to prove that their case of COVID-19 was directly caused by work. It’s an extremely complicated process, and victims would need to demonstrate negligence on the part of their employer. 

Another interesting workers’ comp illness claim involves illnesses or diseases that occur before one was hired.

Often referred to as a “pre-existing condition”, these generally do not qualify for workers compensation unless it can be proven that the illness was aggravated or returned due to the job.  These types of workers’ comp cases are among the most denied.  

If you think your illness was caused by your job, it’s usually best to consult with a lawyer. 

A Los Angeles attorney can help guide you through the process and see if you have a case. Remember that in California, the statute of limitations for a workers’ compensation claim is one year.

The LA workers compensation attorneys at C&B Law Group will aggressively negotiate with your employer’s insurance carrier, the goal being to obtain the maximum possible compensation for your claim. Your attorney will manage all the details of your case so you can focus on your recovery and getting back to your everyday life, including work, as quickly as can be. 

Potential benefits that can be recovered in workers’ compensation claims include – 

• Medical benefits: helping pay various medical bills, such as doctors visits or prescriptions associated with the illness.
• Disability benefits: if the illness affects the ability to perform your usual job functions, both permanent and non-permanent disability benefits are available.
• Vocational rehabilitation: if your illness prevents you from performing your previous job to the fullest extent, you may be eligible to receive payments to retrain.
• Dependent death benefits: if the illness leads to death, your dependents, such as children, spouse, parents, grandparents, etc., may be eligible to receive benefits.

Schedule a free consultation with one of our experienced lawyers today to discuss your workers’ compensation claim.