Can I Receive Workers’ Compensation For A Chronic Illness?
A chronic illness is defined as a disease or medical condition that lasts a long time, will not go away on its own, and can result in serious disability/impairment. The Wisconsin Department of Health Services describes chronic illnesses and medical conditions as an “epidemic” and a “serious problem” in our state. If your chronic illness was caused by your job, you can receive workers’ compensation benefits. Here, our Milwaukee workers’ compensation lawyers highlight three key things you should know about workers’ comp benefits for chronic illnesses.
A Chronic Illness May Qualify as an Occupational Disease
Under Wisconsin law, employers are required to provide no-fault workers’ comp benefits to their employees. Workers’ compensation insurance covers workers who suffer mental or physical harm while on the job. You can bring a claim for an “accidental injury” or an “occupational disease.”
Most often, chronic illnesses fall into the category of occupational disease.
The Wisconsin Department of Workforce Development (DWD) defines an occupational disease as “chronic physical or mental harm caused by exposure over a period of time to some employment-related substance, condition, or activity.” Occupational diseases come in a wide range of forms—from arthritis and back problems to high blood pressure and certain cancers.
The Challenge: Connecting a Condition to the “Course and Scope” of Employment
Workers’ comp insurance covers “job-related” injuries and illnesses. With accidental injuries, it is often clear whether or not the incident occurred at work. In contrast, it can sometimes be challenging to link a chronic illness to employment. As occupational diseases generally develop gradually, there is often not a clear “onset” date. To receive workers’ compensation benefits for an occupational disease (chronic illness), an applicant must build a strong case that connects their medical issue to the “course and scope” of their employment.
You Must Report a Chronic Illness to Your Employer as Soon as Possible
Wisconsin’s workers’ comp regulations require injured workers to report their accident to their supervisor within 30 days. Failure to notify an employer in time could prevent you from recovering the full and fair benefits that you are owed. Notably, the standard is somewhat different in chronic illness cases.
It is your responsibility to report your chronic illness to your employer as soon as you believe that it was caused by your job. You have 30 days from the date you knew or should have known that your illness is work-related to notify your employer.
Common Chronic Illnesses Covered by Wisconsin Worker’s Compensation
Workplace exposure can lead to a variety of chronic health issues, including:
Respiratory Diseases
Conditions such as asthma, silicosis, and chronic bronchitis can arise from inhaling harmful substances present in certain occupational environments.
Skin Conditions
Dermatitis and other skin disorders may develop due to prolonged exposure to chemicals and irritants, affecting workers in various industries.
Hearing Loss
Continuous exposure to high levels of noise in the workplace can result in irreversible hearing damage over time.
Repetitive Strain Injuries
Conditions such as carpal tunnel syndrome are commonly experienced by individuals performing repetitive tasks, leading to discomfort and impairment.
Infectious Diseases
Healthcare workers, in particular, face risks of contracting infectious diseases such as tuberculosis through exposure to infected patients.
Cancers
Long-term exposure to carcinogens, such as asbestos or benzene, can increase the risk of developing various types of cancer.
Eligibility & Claims Process
To be eligible for compensation, workers must prove that their health condition was either caused or significantly worsened by their working environment. This process typically includes:
Medical Documentation: Providing thorough medical records that establish a connection between the illness and specific job-related duties.
Timely Reporting: It is essential for workers to report their condition to their employer as soon as possible, ideally within 30 days, to strengthen their claim.
Formal Claim Filing: Workers must file a claim with the Wisconsin Workers’ Compensation Division, initiating the process for potential benefits.
Crucially, there is no statute of limitations for filing claims related to occupational diseases, which acknowledges that symptoms may take years to manifest after initial exposure.
Benefits Provided
Workers eligible for compensation can receive a range of benefits, including:
Medical Coverage: Financial support for necessary medical treatment, rehabilitation services, and prescription medications.
Wage Replacement: Compensation for lost income, typically covering two-thirds of the average weekly wage, providing crucial financial relief during recovery.
Permanent Disability Compensation: For workers whose conditions lead to lasting impairments, benefits are available to help ease the burden of reduced earning potential.
Death Benefits: In unfortunate cases where a worker passes away due to a work-related illness, benefits are offered to support the surviving family members.
Contact Our Milwaukee Worker’s Comp Lawyers
We can help. At Gillick, Wicht, Gillick & Graf, our Wisconsin workers’ comp lawyers have the skills, legal expertise, and experience that you can rely on for successful results. If you have any questions about work injury claims and chronic illnesses, we are here to help. Contact our law firm at 414-257-2667 to get a free review of your case. We handle workers’ comp claims and appeals throughout Wisconsin, including Milwaukee, Oconomowoc, Oak Creek, Racine, South Milwaukee, and West Bend.
