Understanding Occupational Diseases: Legal Rights for Affected Workers

Imagine working a job you love (or tolerate…or even hate), only to discover your health is declining because of workplace hazards. Unfortunately, workplace hazards are real, and they can lead to the development of occupational diseases. According to the U.S. Bureau of Labor Statistics (BLS), private industry employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022. While we would all like to believe it won’t happen to us, it is important to understand what steps to take if you suspect your health issues are the result of a workplace hazard.

What are occupational diseases?

Occupational diseases are illnesses caused by conditions or exposures in the workplace. They can result from chemical, physical, biological, or work environment hazards. The table below gives you some common types and causes of occupational diseases.

Common Occupational Diseases

Type of DiseaseCommon Cause
SkinExposure to chemicals, irritants, or allergens
MusculoskeletalRepetitive motions like typing or assembly work; slumping over for long periods
RespiratoryInhaling dust or fumes
Hearing LossOver-exposure to loud noise levels

The BLS reports Alabama had over 33,000 nonfatal occupational illnesses or injuries in 2022.

Recognizing the Symptoms

Early recognition is a factor for effective treatment and prevention. Symptoms vary but include:

  • Chronic coughing 
  • Skin rashes/irritation
  • Joint pain                                                                                                                                  
  • Muscle weakness
  • Hearing difficulties

If you notice these signs, consult a healthcare provider promptly.

Legal Framework and Workers’ Rights

Hearing loss is a common results of occupational disesases

In the United States, the Occupational Safety and Health Administration (OSHA) oversees workplace safety and health. Under the Occupational Safety and Health Act of 1970 (OSH Act), workers are entitled to a safe working environment. Likewise, if you are diagnosed with a job-related illness, you are eligible for workers’ compensation benefits, which cover medical expenses, rehabilitation costs, and lost wages.

Certain conditions can increase the risk of occupational diseases. Here are some red flags to watch for:

  • Lack of safety training
  • Not enough safety equipment or safety equipment that has not been well-maintained
  • Poor ventilation or air quality
  • High noise levels without hearing protection
  • Frequent, unreported minor injuries or health complaints

Steps to Take if You Suspect an Occupational Disease

If you suspect you have a job-related illness, follow these steps:

  1. Seek medical help.
  2. Document everything. Keep detailed records of your symptoms, medical visits, employer communications, and workplace conditions.
  3. Report the illness. Notify your employer about your condition.
  4. Consult a personal injury attorney. An attorney who specializes in personal injury or workers’ compensation can help you understand your rights and the best course of action.

If you do decide to seek compensation, these are some common challenges you may face.

  • Proving the disease is work-related can be difficult. A direct link between the disease and workplace conditions must be made.
  • Dealing with insurance companies can be scary and requires special knowledge.
  • There are time limits for filing claims, which vary by state. For example, Alabama’s limit is two years from the injury date or the last compensation payment.

If you believe you have an occupational disease, take action. Your total well-being and future depend on it. Contact the experienced attorneys at the office of Timberlake, League & Brooks. We’re here to help.