Occupational disease is an ailment resulting from the characters of a person’s line of work. One of the requirements for filling occupational illness claims is that the line of work exposes an individual to risk factors that are different from the ones the public is exposed to.
They diseases account for an estimated 350,000 new illness cases and 50,000 to 70,000 deaths in the U.S. every year. These diseases can cause acute, gradual and delayed reactions inside the victim’s body depending on the nature of the disease. Some of these common types of occupation-related disease include eczema, lead poisoning, mesothelioma and bronchitis.
Victims can file a workers compensation claim, although it is different from filing a disability claim. Nearly every state has workers’ compensation law as no fault, meaning it is irrelevant whether employer’s negligence contributed to your occupational illness. What’s important is that you suffered from an occupational disease in your employment tenure.
The claimant can file a claim for compensation under the work disease statute even if the disease is diagnosed long after has left the work environment. This is a common feature for delayed reaction diseases. However, the claim has to be filed within two years of the disablement date. Usually, the date that the victim is diagnosed with the disease is considered, but other factors including the date of lost time from employment can sometimes serve as a disablement date.
The need for legal assistance
Occupational illness claims are serious and very often complex. Each occupational disease claim is unique, since every line of work differs in some aspect. Some ignorant employers and compensation insurers may also deliberately deny what should be classified as claims, on the basis that the victim is unable to classify a traumatic event that caused the disease. When facing such a situation, it is mandatory to obtain legal assistance to educate the employer and file the claim.
The assistance of legal counsel also becomes necessary for paying bills pertaining to the occupational disease. Questions around mesothelioma lawsuits shared from Barronandbudd.com reveal that the sooner you act in case of a life-threatening disease, the sooner you might be compensated. This could help with your financial needs and medical bills. Some judges may speed up the process for plaintiffs because they know that diseases like mesothelioma are life-threatening, and require significant resources for treatment and recovery.
Claimants wanting to file second lawsuit for a particular injury would also benefit from legal help. States like Texas, low and Florida, for example, allow an individual with a second asbestos-related injury like malignant mesothelioma file a lawsuit, even if the victim has filed a previous lawsuit for another asbestos-related disease. Legal counsel will also help the family of an occupational disease victim to pursue a lawsuit in case the sufferer dies before the lawsuit has concluded.
It’s also noticeable Occupational disease victims often neglect hiring legal assistance to make claims as they hold the opinion of costly legal feels involved in the process. But there are a number of respectable law firms that work on a contingency fee basis, meaning the victim doesn’t have to pay any expenses unless the outcome is positive. These firms do not get paid for legal services if unable to achieve compensation.
So an experienced attorney can help you file through the court or government agency and see off all paper work and other complexities involved in the process, without requiring payment upfront.