Filing a Workers’ Compensation Claim for an Occupational Illness in Ohio

In Ohio, workers’ compensation covers both job-related injuries and job-related illnesses. But, to obtain workers’ compensation benefits for a job-related illness, it is not enough simply to claim that you got sick on the job. Instead, you must be able to prove that you are eligible—and, to maximize your chances of success, it is best to work with an experienced Columbus workers’ compensation attorney throughout the process.

Understanding What Qualifies As an Occupational Illness

Filing a workers’ compensation claim for a job-related illness requires documentation that your condition qualifies as an occupational illness (or “occupational disease”) under Ohio law. So, what conditions qualify?

Ohio’s Definition of an “Occupational Disease”

For workers’ compensation purposes, the term “occupational disease” is defined by Ohio law. Under Section 4123.01 of the Ohio Revised Code:  

“’Occupational disease’ means a disease contracted in the course of employment, which by its causes and the characteristics of its manifestation or the condition of the employment results in a hazard which distinguishes the employment in character from employment generally, and the employment creates a risk of contracting the disease in greater degree and in a different manner from the public in general.”

This definition has three key parts. In order to have a workers’ compensation claim for an illness in Ohio, you must be able to show that:

• You Got Sick “In the Course of Employment” – In Ohio, workers’ compensation only covers job-related injuries and illnesses. If you are dealing with an illness that prevents you from working but that is unrelated to your employment, you don’t have a workers’ compensation claim. However, you may be eligible to claim Social Security disability (SSD) or other benefits.
• Your Illness is the Result of a Hazard that “Distinguishes [Your] Employment in Character from Employment Generally” – In addition to being job-related, your illness must be unique (or at least relatively unique) to your employment. With that said, this requirement can be interpreted broadly in many cases, so we recommend speaking with a Columbus workers’ compensation attorney even if people in other occupations may be at risk of receiving the same diagnosis.  
• Your Employment Increased Your Risk of Contracting Your Illness Compared to “the Public in General” – Your job must also put you at greater risk of suffering your illness than the general public. While this may be fairly obvious with certain types of illnesses in high-risk occupations, it will be more difficult to accurately assess employees’ eligibility in others. Here, too, we encourage you to consult with an experienced Columbus workers’ compensation attorney before you make any decisions about whether to take legal action.

If you are an employee (not an independent contractor) and you meet each of these three requirements, then you should be able to obtain workers’ compensation benefits for your illness—as long as you file your claim on time and meet the other requirements that apply. To determine your eligibility and protect your rights if you have a claim for benefits, we strongly recommend discussing your situation with an experienced Columbus workers’ compensation attorney as soon as possible.

Types of Conditions that Can Qualify as an “Occupational Disease”

Section 4123.68 of the Ohio Revised Code lists examples of occupational diseases that are generally covered “when contracted by an employee in the course of the employment.” Some of the conditions listed in Section 4123.68 include:

• Anthrax
• Asbestosis
• Berylliosis
• Carbon dioxide poisoning
• Cardiovascular, pulmonary, or respiratory diseases suffered by firefighters and police officers
• Coal miners’ pneumoconiosis (black lung disease)
• Infection due to “oils, cutting compounds or lubricants, dust, liquids, fumes, gases, or vapors”
• Lead, manganese dioxide, mercury, phosphorus, potassium cyanide, radium, and sulfur dioxide poisoning
• Silicosis
• Tenosynovitis and prepatellar bursitis

Again, these are just examples. Ohio’s workers’ compensation system also covers conditions that are not specifically listed in Section 4123.68—provided that they meet the definition of an “occupational disease” discussed above.

It is also important to note that certain occupational illnesses are only covered in certain circumstances. For example, with regard to berylliosis, the law states that an employee is not entitled to workers’ compensation coverage, “unless the employee has been subjected to injurious exposure to beryllium dust or fumes in the employee’s employment in this state preceding the employee’s disablement.” Similarly, with regard to cardiovascular, pulmonary and respiratory diseases suffered by firefighters and police officers, the law states that coverage is not available, “unless [a] firefighter or police officer has been subject to injurious exposure to heat, smoke, toxic gases, chemical fumes, and other toxic substances in the firefighter’s or police officer’s employment in this state preceding the firefighter’s or police officer’s disablement.”

In short, understanding whether you can file a workers’ compensation claim for an occupational illness can be challenging. Unfortunately, this leaves many sick workers struggling to understand their legal rights. Far too often, workers who have qualifying occupational illnesses fail to collect the benefits they deserve. An experienced Columbus workers’ compensation attorney can help you understand if you have a claim, and if you do, your attorney can handle your claim on your behalf.  

Filing a Workers’ Compensation Claim for an Occupational Illness

With all of this in mind, what should you do if you have questions about filing a workers’ compensation claim for an occupational illness in Ohio? Here are five important steps you should take as soon as possible:

1. See a Doctor Promptly

If you have a workers’ compensation claim, seeing a doctor promptly will be important for protecting your claim for benefits (in addition to protecting your health). Workers who have concerns about occupational illnesses should seek a diagnosis as soon as they notice symptoms—as this will assist with both accurately diagnosing the cause of their illness and preserving their ability to file a claim.

Under Ohio law, you have the right to see a doctor of your own choosing. Your employer cannot tell you where to go for treatment, and your employer cannot try to prevent you from seeking treatment for any work-related medical condition. When you see your doctor, provide your doctor with as much information as possible—including information about any noxious chemicals, fumes or particulates to which you have been exposed on the job.

2. Talk to an Attorney Promptly

In addition to seeking a diagnosis, you should also seek legal advice as soon as possible. As we discussed above, assessing your legal rights when you are dealing with a work-related illness can be challenging. But, it is also extremely important, and you do not want to leave any workers’ compensation benefits on the table. Some of the ways an experienced Columbus workers’ compensation attorney will be able to help you include:

• Determining if you are eligible to file for workers’ compensation under Ohio law
• Determining if your condition qualifies as an “occupational disease” under Ohio law
• Determining if you still have time to file your workers’ compensation claim
• Assisting you with filing your workers’ compensation claim and calculating your benefits
• Communicating with the Ohio Bureau of Workers’ Compensation (BWC) or your employer on your behalf

Your initial consultation is completely free, and it costs nothing out-of-pocket to hire an attorney to assist with your workers’ compensation claim. Your legal fees (if any) will be calculated as a percentage of the disability benefits your attorney helps you recover, and these fees are capped under Ohio law.

3. Make Sure You File Your Claim on Time

As a general rule, you have up to a year to file a workers’ compensation claim for an occupational illness in Ohio. But this one-year “limitations period” can have various triggers, and here too, understanding your legal rights can be challenging. Ultimately, if you think you may have a workers’ compensation claim, it is best to take action as soon as possible—as this will help to maximize your chances of success.

4. Keep Your Medical and Employment Records

Going forward, you should get in the habit of keeping any and all records you receive from your doctor or your employer. All of these records could be important to your workers’ compensation claim. Among other things, this includes your medical records, your medical bills, and documentation of any hours or days you miss from work.

5. Be Prepared for Challenges to Arise

Due to the unique aspects of workers’ compensation claims involving occupational illnesses, it is important to be prepared for challenges to arise. But, it is also important to keep in mind that these challenges can be overcome. An experienced Columbus workers’ compensation attorney can help you, and again, you can hire an attorney in this scenario at no out-of-pocket cost.

Discuss Your Claim with an Experienced Columbus Workers’ Compensation Attorney

Do you need to know more about filing a workers’ compensation claim for an occupational illness in Ohio? If so, we invite you to get in touch. To discuss your claim with an experienced Columbus workers’ compensation attorney at Malek & Malek Law Firm, give us a call at 888-444-7440 or request a free consultation online today.