Occupational Disease in Pennsylvania
An occupational disease is an illness or medical condition that develops because of workplace exposures or job-related duties. Under Pennsylvania workers’ compensation law, injured workers may be entitled to benefits if their occupational disease was caused, aggravated, or worsened by their employment. Common examples of occupational diseases include respiratory conditions, skin disorders, and certain illnesses linked to long-term exposure to hazardous substances in the workplace.
What Is an Occupational Disease?
The Pennsylvania Workers’ Compensation Act includes occupational diseases within its definition of a compensable work injury.
Unlike a traumatic workplace accident, an occupational disease often develops gradually over time due to repeated exposure to workplace hazards.
To qualify for workers’ compensation benefits, the disease must be caused by or substantially related to the worker’s employment.
Occupational disease claims may involve:
- Exposure to chemicals
- Dust inhalation
- Toxic substances
- Repetitive workplace exposures
- Infectious diseases
- Carcinogens
- Workplace allergens
Workers who develop occupational illnesses may be entitled to medical benefits, wage-loss benefits, and other workers’ compensation benefits.
What Conditions Can Qualify as an Occupational Disease?
Many illnesses may qualify as occupational diseases when they are caused by workplace exposures.
Examples include:
- Occupational asthma
- Bronchitis
- Pneumoconiosis
- Dermatitis
- Certain cancers
- Respiratory diseases
- Infectious diseases contracted through work exposures
Pennsylvania workers’ compensation law also recognizes that a pre-existing condition may become compensable if workplace exposures aggravate, accelerate, or worsen the condition.
For example, a worker with a history of asthma may still have a workers’ compensation claim if workplace conditions significantly worsen their symptoms.
Additionally, diseases resulting from treatment for a work injury may also be compensable under certain circumstances.
Does an Occupational Disease Have to Occur in the Course of Employment?
Yes.
To receive workers’ compensation benefits, the occupational disease must arise in the course and scope of employment.
This can generally be established in one of two ways:
Factory Hazard
The worker proves that a disease-causing hazard existed at the particular workplace.
Industry Hazard
The worker proves that the disease is commonly associated with the industry or occupation in which they worked.
In some cases, Pennsylvania law provides a rebuttable presumption that the disease is work-related once certain requirements are met.
Are Certain Occupational Diseases Presumed to Be Work-Related?
Yes.
Pennsylvania law provides presumptions for certain occupational diseases and occupations.
One example involves Hepatitis C claims involving:
- Professional firefighters
- Volunteer firefighters
- Emergency medical services personnel
- Volunteer ambulance personnel
- Rescue and lifesaving personnel
- Paramedics
When the requirements of the law are met, workers may receive a presumption that the disease is work-related, making it easier to establish eligibility for benefits.
Firefighter Cancer Claims in Pennsylvania
Pennsylvania workers’ compensation law includes special protections for firefighters diagnosed with certain cancers.
A firefighter may be entitled to workers’ compensation benefits if the cancer was caused by exposure to a known carcinogen recognized as a Group 1 carcinogen by the International Agency for Research on Cancer.
To qualify, firefighters generally must:
- Have at least four years of continuous firefighting service
- Establish direct exposure to a carcinogen
- Have passed a physical examination that did not reveal evidence of cancer before the diagnosis or before engaging in firefighting duties
Because firefighter cancer claims often involve complex medical and legal issues, experienced legal representation can be important.
Does the Occupational Disease Have to Cause Disability?
Yes.
Pennsylvania workers’ compensation benefits are generally available when the occupational disease results in disability or death.
A worker must typically show that the disease caused a loss of earning power, required medical treatment, or otherwise affected their ability to perform their job.
Surviving family members may also have rights to benefits when a work-related occupational disease results in a worker’s death.
When Do You Need to Report an Occupational Disease?
Occupational disease cases are often different from traumatic injury claims because symptoms may develop gradually over time.
In Pennsylvania, the notice period generally begins when the worker knows, or reasonably should know, that:
- An occupational disease exists; and
- The disease may be related to their employment.
In many cases, this occurs when a physician diagnoses the condition and connects it to workplace exposures.
Because deadlines can be complicated in occupational disease cases, workers should seek legal guidance as soon as possible.
Why Occupational Disease Claims Can Be Challenging
Occupational disease claims are often heavily contested by employers and insurance companies.
Common disputes involve:
- Whether the disease is work-related
- Whether workplace exposure caused the condition
- Whether a pre-existing condition is responsible
- The extent of disability
- Whether the worker provided proper notice
Medical evidence is often critical to proving these claims.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If you believe you developed an occupational disease because of your job, you may be entitled to workers’ compensation benefits.
The Pennsylvania workers’ compensation attorneys at Stern & Cohen have experience handling occupational disease claims involving respiratory illnesses, workplace exposures, firefighter cancer claims, occupational asthma, and other work-related illnesses.
Contact Stern & Cohen today for a free consultation to discuss your rights and potential benefits.
FAQs
Can I receive workers' compensation for a work-related illness?
Yes. Workers may be entitled to workers’ compensation benefits if they can establish that their illness is related to workplace exposures or occupational hazards.
Can a pre-existing condition qualify as an occupational disease?
Potentially. If workplace exposures aggravate, accelerate, or worsen a pre-existing condition, the resulting disability may be compensable under Pennsylvania workers’ compensation law.
Are firefighters entitled to workers' compensation benefits for cancer?
Pennsylvania law provides special protections for firefighters who develop certain cancers related to occupational exposure to carcinogens.
When should I report an occupational disease?
You should report the condition as soon as you learn that your illness may be related to your employment. Delays can create challenges in pursuing benefits.