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Getting Workers’ Compensation Benefits for an Occupational Disease

Workers’ Compensation Claims Involving Job-Related Illness

Factory workerUnder the laws of Delaware, if you have been hurt on the job, you can pursue benefits under the states’ workers’ compensation programs. Work comp is designed to be a compromise for workers and employers. Workers are generally able to secure benefits in a more timely fashion, without the time and expense of a trial. Employers avoid the potential for unlimited personal injury judgments for a workplace injury.

Workers’ compensation benefits are available for more than injuries suffered on the job. Though any injury sustained in a traumatic accident will likely entitle the victim to some level of payment, workers may also seek compensation for repetitive stress or motion injury, mental or emotional distress caused by the work environment, and any illness or disease contracted because of the work environment.

The Common Types of Workplace Illnesses

A sick worker can generally obtain workers’ compensation benefits for any illness caused by some factor in the work environment. Some of the most frequent workplace illnesses that have allowed employees to recover workers’ compensation include:

  • Cancer caused by exposure to toxic or carcinogenic substances
  • Lung disease, including asthma and Mesothelioma stemming from working in dusty air or in a factory that creates or uses particulates, silicates or plastics
  • Skin disease from exposure to gases or other substances
  • Heart disease

Proving an Occupational Illness

Though workers have a right to seek workers’ compensation benefits for an occupational disease, the biggest challenge to obtaining an award can be proving that the disease was caused by your work environment. If others in your job or at your workplace have suffered the same illness, that can be important evidence to support your claim. In addition, your attorney may introduce expert testimony to show the causal relationship between your workplace and your disease.

Contact the Law Office of Michael J. Hood

At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware. For a free initial consultation, contact us online [link to Contact Us page] or call our office at (302) 777-1000 for an appointment.

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