Occupational Disease Claims In Wisconsin Worker’s Compensation
As a seasoned workers’ compensation claims attorney, I understand the scope and complexity surrounding the filing of occupational disease claims under the Wisconsin Workers’ Compensation system. Generally speaking, an occupational disease is usually defined as disease that develops over time due to the nature of the work or working conditions. In order to have a successful claim, these conditions would need to be identified and properly documented.
Under Wisconsin law, defined under the Wisconsin Statutes Section 102.01, an occupational disease is any disease caused primarily by exposure to a harmful condition or substance in the workplace peculiar to the occupation in which the employee is engaged. This definition essentially sets the threshold for what must be established in such cases, namely, that the disease is directly related either to the work environment or the duties performed.
Key Issues In Claims For Occupational Disease
Establishing the Disease Was Work-Related – The greatest difficulty involved in establishing these claims is that it must be proven to be caused by either the duties of the employee or the work environment in which they were required to work. This may take many forms of medical proof, occasionally with expert testimony.
Statute of Limitations – The statute of limitations to file a worker’s compensation claim, including occupational diseases, in Wisconsin is generally within 12 years from the date of injury or within two years of the last compensable payment, whichever is later. – Wis. Stat. § 102.17(4). The problem with occupational diseases is that they develop over time, and determining the ‘date of injury’ isn’t always straightforward.
Benefits of Compensation – An occupational disease, when claimed successfully, can cover all the required medical expenses related to the disease itself, compensation for wage loss during recovery, and even compensation for loss of earning capacity if the disease results in disability.
For any individual to successfully get through with these claims, it is absolutely crucial for them to ensure that evidence supporting the association between the disease and workplace is collected and presented as meticulously as possible. In these scenarios, medical provider documentation, workplace safety reports, and testimony from occupational experts often become crucial to support the claim.
Understanding Repetitive Stress Injuries And Occupational Diseases In Worker’s Compensation Claims
In Wisconsin Workers’ Compensation law, both repetitive stress injuries and occupational diseases are classified as “occupational diseases,” but they are distinct in terms of how they develop and are classified for claims purposes.
Repetitive Stress Injuries In Wisconsin Workers’ Compensation Claims
Repetitive stress injuries (RSIs) are caused by substantial exposure to certain repetitive motions or continuous strain over time. They often occur due to performing the same physical activity or exposure to the same environmental conditions repeatedly. Common examples include carpal tunnel syndrome, tendonitis, and chronic back pain, which arise from repetitive motions, as well as hearing loss and toxic chemical exposure, which may result from continuous exposure to noise or hazardous substances.
Wisconsin law classifies these injuries as part of the broader occupational disease category because, like other occupational diseases, they develop gradually. However, repetitive stress injuries are specifically linked to a worker’s repetitive tasks or continued exposure to harmful environments at work. Workers seeking compensation for RSIs must demonstrate that their injury was caused by substantial exposure to the conditions of their job.
Occupational Diseases Under Wisconsin Workers’ Compensation
Occupational diseases, on the other hand, are injuries or illnesses that also develop over time due to exposure to harmful conditions, but they encompass a broader range of ailments. This includes diseases that affect the body due to chemical exposure, prolonged physical strain, and sensory impairments like hearing and vision loss. Examples of occupational diseases include respiratory conditions due to toxic chemical exposure, or asbestos-related illnesses connected with the claimant’s work environment.
While both repetitive stress injuries and occupational diseases develop gradually, occupational diseases often result from workplace environments where harmful exposure affects the body systemically. These diseases can also be caused by non-physical factors such as exposure to hazardous chemicals or materials, unlike RSIs, which are typically linked to physical tasks.
The Standard For Occupational Diseases In Wisconsin
When it comes to filing a workers’ compensation claim for an occupational disease in Wisconsin, the standard for causation is that the disease must be a “material contributing cause” of the worker’s injury or illness. Wisconsin workers’ compensation forms have three boxes related to causation, which reflect the importance of establishing how the injury or disease was caused by work-related factors.
To qualify as an occupational disease under Wisconsin law, the work-related exposure or condition must be a substantial factor in causing the illness or injury. Importantly, occupational disease does not need to be the only cause; it can be one of many contributing factors. This means that even if part of the injury or illness is due to prior injuries or non-work-related causes, a worker can still file a claim if their work environment or duties were a material contributing factor.
For instance, if a worker develops hearing loss, and part of the damage is from recreational activities, but the noise exposure at work materially contributed to the hearing loss, they may still have a valid workers’ compensation claim. Similarly, if repetitive stress injuries or chemical exposures at work worsened a pre-existing condition, the worker might still qualify for compensation, provided that their workplace exposure was a significant contributing cause.
By understanding the distinction between repetitive stress injuries and occupational diseases and the legal standards for causation, workers in Wisconsin can better navigate their claims and seek appropriate compensation for injuries caused by their workplace environment.
Wisconsin Occupational Disease Claim FAQs
What Constitutes An Occupational Disease According To The State Of Wisconsin?
An occupational disease must be one that arises out of the employee’s work and is related specifically to the nature of their job or the conditions under which the job is performed.
How Do I Prove My Disease Is Related To My Job?
Proving a disease to be work-related usually requires medical evidence to link your condition with your job duties or work environment. Often, it takes documentation and expert testimony.
What If My Employer Says My Condition Is Not Work-Related?
If your employer or their insurance denies your claim, you can file a claim with the Wisconsin Department of Workforce Development, where your case may be heard by an administrative law judge.
Are There Time Limits For Filing An Occupational Disease Claim?
Yes, in general, the statute of limitations under Wisconsin requires that filing be made within 12 years from the date of injury or within two years from the last payment of compensation.
What Compensation Am I Entitled To For An Occupational Disease Claim?
Compensation may include medical expenses, wage loss benefits during disability periods, compensation for permanent impairment of a body part, and losses of earning capacity – depending upon the circumstances of the case.
How Can I Effectively Document My Work-Related Illness?
Keep as complete medical records as possible: immediately consult a doctor or an occupational disease specialist who can provide an in-depth medical report with diagnosis, the most probable cause of your condition, and its relation to the workplace. Also, keep all the records regarding the work environment and any incidents or reports about safety concerns that may be helpful in your case.
What If The Diagnosis Of An Occupational Disease Happened After I Had Already Left The Employment?
You may still be eligible to file, provided the illness can be linked to your prior job; you will, however, have to take immediate action from the time of your diagnosis. Wisconsin’s statute of limitations allows filing within 12 years of the date of injury or discovery of the disease.
How Does Workers’ Compensation In Occupational Disease Claims In Wisconsin Work?
After filing your claim, it will be reviewed by your employer’s workers’ compensation insurance. In case the claim has been denied or opposed, you might want to contest and request a hearing in front of an administrative law judge at the Wisconsin Department of Workforce Development. This process may be rather complicated, and the result will surely be influenced by experienced legal representation.
Does Any Family Member Get Benefits In The Instances Of Death Caused By The Occupational Disease?
In those unfortunate instances where an occupational disease leads to death, death benefits may be provided for the dependents of the deceased worker. The benefits involve compensation for the lost wages and the funeral expenses, or even both, to help financially support a worker’s family.
Can I Sue My Employer Over An Occupational Disease?
Workers’ compensation is generally an exclusive remedy, and you cannot sue your employer in civil court for a work-related injury. There may be those rare instances when this is not the case, and you could have both a workers’ compensation claim and a third-party claim against someone who, through negligence, contributed to your condition.
For any questions or assistance regarding occupational disease claims, don’t hesitate to consult with the professionals at Gillick, Wicht, Gillick & Graf. Our attorneys are ready to provide all the support and information necessary to navigate the complexities of workers’ compensation claims throughout Wisconsin.
Contact Our Brookfield Worker’s Compensation Claims Lawyer For A Free Consultation
Occupational disease claims can be a frustrating process, but you do not have to face it alone. If you were injured in the workplace, call our Brookfield worker’s compensation claims lawyers at Gillick, Wicht, Gillick & Graf at 414-257-2667 to receive your free consultation. Our office is located in Brookfield and serves the greater Milwaukee area. Workers’ compensation claims are our main focus, and we pride ourselves on fighting workers’ rights. Let us help you get the benefits you need. Also, there is No Fee Until You Get PAID.