Despite the assumption most employees have that their workplace is a safe environment, some employees may be putting themselves at risk simply by going to work every day. There are a variety of adverse conditions that an employee can develop from exposure to dangerous factors present in the workplace, the most severe being any number of occupational diseases. An employee who experiences a serious illness or disease as a result of attending work every day may expect their condition to be covered by their employer’s insurance company. Typically, workers’ compensation laws will provide coverage for a worker who has suffered from a disease or illness as a result of work or occupational activity. However, if the employer is able to prove that the illness originated somewhere else besides the workplace, the employee may receive no compensation at all. Too often, ill or injured employees who present claims to insurance companies are denied or are offered a settlement far below what they are entitled to. The only way to fight a rejected insurance claim is to hire an experienced occupational disease attorney to present your case.
In some areas, workers’ compensation laws will protect an employee who suffers from a disease or illness as a result of work or occupational activity. Workers’ compensation laws state that diseases caused by the workplace environment are the responsibility of the employer or insurer, unless evidence can be provided indicating that the disease was caused by some other factor apart from the workplace. While this law may seem to err on the side of the employee, many occupational disease insurance claims are either rejected by the insurance company, or the employee is offered a settlement well below what he is entitled to.
Many people are unaware of the deceptive practices employed by insurance companies in an effort to pay out the lowest possible amount in damages Insurance claims adjusters are often trained to deny claims, offer low settlements, or drag out the claim over a long period of time, hoping the injured victim will simply give up. Victims of occupational diseases are entitled to compensation for their injuries and can file an occupational disease lawsuit in order to collect reimbursement for medical expenses, emotional distress and loss of quality of life. Occupational disease lawsuits not only protect the rights of workers to enjoy a normal, healthy life, but also bring attention to the potential dangers sustained from unhealthy workplaces, and promote the importance of a safe environment in which employees can work without concern for their health.
An occupational disease is identified as an adverse condition believed to have originated in the workplace, which occurs more often among a certain group of workers than it does among the general population or another, separate group of workers. Occupational diseases are extremely common, resulting in approximately 860,000 cases of illness and 60,300 fatalities each year, but still remaining largely under-reported. Occupational diseases can occur quickly, as in the instant development of illness following exposure to toxic chemicals, or over a long period of time, as is the case with many occupationally-related cancers. Unfortunately, severe or untreated occupational diseases can result in major complications including physical disability and even death.
Victims of occupational diseases are not at fault. There is no reason for employees to believe that their workplace may have the potential to cause them serious harm, now or in the future. Employers who provide unsafe or unhealthy conditions in which they expect their employees to work should be held responsible for the major illnesses or diseases that their employees sustain. Unfortunately, justice doesn’t always work in the favor of the victim. Sometimes, workers’ compensation laws will protect an injured or ill worker; unfortunately this isn’t always the case.
Occupational diseases can have life-altering consequences for an affected person. Unfortunately, employees affected by any number of occupational diseases may look to an insurance claim for help, only to be unfairly rejected. If you have been the victim of an occupational disease which has resulted in major illness or disability, you should consider how an occupational disease lawsuit can help you. You may be entitled to compensation for your injuries and an experienced occupational disease attorney can review your case and develop your lawsuit with that goal in mind. Victims of occupational diseases do not deserve to face rejection from an insurance company on top of injury; they should contact a knowledgeable occupational disease lawyer for an expert’s guidance in representing their case.