Occupational Diseases and Kentucky Workers’ Compensation

Most people are aware that workers’ compensation benefits are potentially available when a worker is injured on the job. The Kentucky workers’ compensation system, however, covers more than just physical injuries. A Kentucky worker who suffers from an occupational disease may also be covered by workers’ compensation in Kentucky. Claims based on occupational diseases are typically more complicated and significantly more difficult to get approved, making it even more important that you consult with an experienced Kentucky workers’ compensation attorney if you believe you may be entitled to benefits.

Workplace accidents certainly cause their share of compensable injuries. However, workers can suffer even greater harm if they are exposed to toxic substances over a prolonged period of time. For this reason, the Kentucky workers’ compensation system also covers “occupational diseases” that are defined as a condition caused by an exposure to a hazard in the workplace that usually develops over time. Because a worker might be exposed to the hazard while working for several different employers over many years, the law places the responsibility for the payment of workers’ compensation benefits on the last employer that exposed the worker to the hazard in question. There are numerous occupational diseases that can potentially qualify for workers’ compensation benefits. A common occupational disease suffered by workers in Kentucky is coal workers’ pneumoconiosis (CWP), commonly known as “Black Lung Disease”.

Although the workers’ compensation system is intended to streamline claims for injuries and illnesses, the system itself can be difficult to navigate at times. This is particularly true if the claim is for illness due to an occupational disease. First, you must recognize that you are ill. In some situations, such as with asbestos exposure, the symptoms of the illness do not show up for years, even decades, after the last exposure to the harmful substance.

Assuming you recognize that you are ill you then need a doctor to provide you with an accurate diagnosis. To get a workers’ compensation claim approved the diagnosis typically needs to be very specific. “Respiratory system failure”, for example, won’t be sufficient if the claim is for exposure to coal dust causing Black Lung disease. Finally, you must then prove a causal connection between your disease and your employment, present or past. This is where it gets complicated.

In some cases, the connection between an occupational disease and an injured worker’s employment is obvious. However, more often than not, the connection is less than obvious. Proving that an occupational disease was caused by your employment frequently requires extensive medical testing and evaluations as well as access to employment and manufacturing records dating back many years. Because these claims tend to lead to permanent disability for the worker, employers are likely to try and deny liability.

The good news in all of this is that occupational diseases are covered under the Kentucky workers’ compensation system, meaning that once you get past the various obstacles to approval you may be entitled to benefits that cover the cost of treatment as well as wage replacement. The key to getting a workers’ compensation claim for an occupational disease approved is to consult with an experienced Kentucky workers’ compensation attorney early on in the process.