In Pennsylvania, workers are protected from financial harm caused by work-related injuries under the state’s workers’ compensation program. This system allows qualifying workers to receive financial benefits to pay for related losses without requiring proof of fault or negligence for a work-related injury. It not only applies to occupational injuries but to certain job-related illnesses and diseases, as well.
What Is the Definition of an Occupational Disease?
Pennsylvania’s Occupational Disease Act defines an occupational disease as any disease that occurs while the worker is conducting tasks on behalf of an employer. Unlike an occupational injury, an occupational disease does not have to occur on the employer’s premises for the worker to be eligible for workers’ comp.
The following must be true to recover compensation for an occupational disease in Pennsylvania under Section 108(n) of the Act:
- The claimant was exposed to the disease by reason of his or her employment.
- The occupational disease is peculiar to the industry or occupation.
- The occupational disease is not common to the general population.
This subsection comes after a long list of specific occupational diseases that pertain to individual jobs. Under this legal definition, many different illnesses, cancers, diseases and medical conditions can qualify an individual for workers’ comp benefits if they are related to his or her job.
Industry-Specific Occupational Diseases
The Pennsylvania Department of Labor offers workers’ compensation for certain diseases that are related to specific occupations. Examples include firefighters who have been working for four or more years and suffer heart or lung diseases; coal-dust-related illnesses for coal miners (e.g., silicosis and pneumoconiosis); hepatitis and tuberculosis for health care workers; and chemical poisoning illnesses for workers who come in contact with dangerous substances.
Poisoning
State law allows a victim of poisoning to qualify for workers’ compensation if the illness occurs as a result of direct contact with, handling of or exposure to any of the following substances, as well as their preparations or compounds:
- Anthrax
- Arsenic
- Asbestos
- Benzol
- Carbon monoxide
- Compressed air
- Lead
- Manganese
- Mercury
- Methanol
- Oils
- Phosphorus
- Radium
This is not a full list. Exposure to many different toxins and hazardous substances could entitle an employee to workers’ comp in Pennsylvania if the exposure arose out of work-related tasks or environments.
Other Diseases
Many other illnesses contracted by workers in Pennsylvania could lead to workers’ compensation insurance claims if the eligibility requirements are met, including:
- Asthma
- Cancers
- Chronic obstructive pulmonary disease
- Infectious diseases, such as COVID-19
- Mesothelioma
- Respiratory diseases
- Skin diseases or infections
- Toxic exposure diseases
A worker with any of these diseases could receive a workers’ compensation settlement check if a claim is properly filed and supported with evidence.
How Does a Workers’ Comp Claim for an Occupational Disease Work in Pennsylvania?
Proving eligibility for financial compensation for an occupational disease in Pennsylvania requires evidence of the disease, such as medical documentation, along with proof of work-related exposure to a harmful environment or substance and a causal link between work and the disease.
You can expect financial benefits for your medical costs, lost wages, lost earning capacity or the death of a loved one from a successful workers’ comp claim. In some cases that involve negligence, such as an employer’s failure to adequately protect workers, victims are able to file personal injury lawsuits for additional compensation.
If you are diagnosed with an illness that you believe is associated with your occupation, consult with a workers’ compensation attorney in Pittsburgh as soon as possible for legal advice and assistance. An attorney can help you file and prove your claim to achieve maximum financial compensation.