Alabama Long-term and Occupational Illness Workers’ Comp Claims

We know that Alabama workers’ compensation is intended to provide benefits to a person who suffered injury from an accident or illness that resulted from their work—being physically present at work at the time of the accident, or that a condition of the work environment caused the illness or ailment. 

But not everything that happens causes an immediate reaction. 

Alabama workers’ compensation law includes occupational diseases, or those that arise out of and in the course of employment. This would include long-term exposure to harmful chemicals, repetitive stress injuries, and other work-related conditions.

The tricky part is that it can be years after you’ve been at a particular job for its effects to appear, and it might be challenging to prove that the condition is related to your work.

What are the limitations to an Alabama workers’ comp claim for long-term exposure illnesses?

First, we need to establish the elements of a workers’ compensation claim:

• The injury happened while the claimant was at work; OR
• The injury happened while the person was engaged in duties or tasks related to or required by their job; OR
• A condition or the environment at their job was the direct cause of the injury or illness.

Workers’ compensation claims never require the claimant to prove negligence. However, they do require proof of one of the elements above, which means the injury directly resulted from and is related to the workplace. 

One of the challenges with a diagnosis of a long-term condition or illness is that it can be difficult to demonstrate that it’s related to a condition at work.

Some occupational illnesses take years to become apparent

Certain occupational illnesses covered by workers’ compensation may not manifest symptoms until years after exposure. These illnesses often result from long-term exposure to harmful substances or environments and can be particularly challenging to diagnose and treat. 

Here are some examples:

• Mesothelioma: This rare form of cancer typically develops from exposure to asbestos and might not show symptoms until 20 to 50 years after exposure.
• Asbestosis: This chronic lung disease is caused by inhaling asbestos fibers and can take many years to develop.
• Lung cancer: Workers exposed to asbestos, radon, arsenic, and other carcinogens might not develop symptoms of lung cancer until decades after their exposure.
• Leukemia and other cancers: These could be caused by chemical exposure such as benzene and other solvents.
• Berylliosis: Chronic beryllium disease (CBD) can develop from inhaling beryllium particles used in aerospace, nuclear, and manufacturing industries and might not become apparent until many years after exposure.
• Silicosis: This lung disease is caused by inhaling silica dust, and often develops slowly over years, even after exposure has ceased.
• Chronic Obstructive Pulmonary Disease (COPD): Long-term exposure to workplace irritants like chemicals and dust can lead to COPD, which may develop slowly and worsen over time.
• Noise-induced hearing loss: This may not be noticed until significant hearing loss has occurred, which could be years after the initial exposure to loud-noise environments.

These illnesses require careful medical monitoring and evaluation, as their delayed onset can complicate both diagnosis and eligibility for compensation. Workers who suspect they might have been exposed to harmful conditions in the past should seek medical advice even if they are currently asymptomatic, to ensure any conditions are identified and managed early.

What if you’re diagnosed with an occupational disease and you’re no longer employed?

Alabama workers’ compensation laws are designed to accommodate claims for diseases that manifest after employment has ended, as long as the necessary conditions for the claim are met. Even if you’ve stopped working at the job where the exposure occurred, the law recognizes that occupational diseases might take years to develop.

Several factors will affect your Alabama workers’ compensation claim for an occupational exposure illness:

• Proving the disease is work-related: You must demonstrate that your employment caused the disease. In other words, the disease is directly related to the type of work you performed and that it arose out of your employment.
• Timing of the claim: For occupational diseases, the claim must generally be filed within two years after the date of last exposure or within two years from the date you should have reasonably become aware that the disease was related to your employment.
• Medical evidence: Your full medical history is essential. This typically includes medical records, diagnosis, and expert testimony that links the disease to your work environment.
• Employment history: To support your claim, you need to provide details about your employment, including the nature of your job and the conditions that led to your exposure.

Be prepared that the workers’ compensation insurer will look at whether any factors in your personal medical, social, or genetic history would suggest that you might have developed the condition regardless of exposure at work. 

For example, if you develop lung cancer that you suspect is connected to a job you held 15 years ago, you’d have to prove the following:

• There was a substance or condition in your work environment that is conclusively linked to developing lung cancer; and 
• No genetic or other condition in your medical history suggests that you might have developed lung cancer regardless of being exposed to the pathogen; and
• The amount of time that you were exposed to the condition.

The insurer or Alabama Workers’ Compensation Division would look primarily at these three factors to determine whether you are eligible for workers’ comp benefits for your occupational disease.

Other exposure-related illnesses that could be eligible for Alabama workers’ compensation benefits

Other types of illnesses or conditions can result from exposure to harmful conditions or substances in the workplace. These illnesses are more likely to become apparent during or shortly after exposure:

• Respiratory diseases: Occupational asthma can result from exposure to dust, chemicals, or other airborne irritants.
• Skin diseases: Contact dermatitis, chemical burns, or skin cancer can occur due to exposure to chemicals, solvents, or UV radiation.
• Hearing loss: Long-term exposure to loud noise can lead to occupational hearing loss.
• Poisoning: This includes lead poisoning, mercury poisoning, and other types of toxic substance poisoning that occur due to exposure at work.
• Repetitive Stress Injuries (RSI): Conditions like carpal tunnel syndrome and tendonitis can develop from repetitive motions or overuse during work activities.
• Radiation sickness: Although less common, workers exposed to radioactive materials can suffer from radiation sickness, which is covered by workers’ compensation.

Legal guidance for Alabama workers’ compensation claims

These types of injuries and illnesses are less straightforward or cut-and-dried than some workers’ comp injury claims. If you have a one-time accident or incident that causes a specific injury, there’s little question about where or how the injury is related to your work. 

But there are likely to be more questions to be answered with exposure-related illnesses. That’s why you need a qualified, knowledgeable and strategic Alabama workers’ compensation lawyer to help you navigate the laws and the nuance of the process.

The team at the Nomberg Law Firm is ready to take action when you need us. Contact our office today for a free consultation on your Alabama workers’ compensation claim.