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Occupational Disease and Compensation: Four Questions for Eligibility

When we hear about workers’ compensation claims, we often think of a specific accident that happens while on the job. For example, a construction worker working on a building in downtown Boise falls and suffers a back injury. Not all workers’ compensation claims are tied to one specific event, however. Some injuries result as a result of a repetitive task or exposure to a harmful substance. For instances like these, a special category of workers’ compensation insurance available for victims. This category is known as occupational disease.

How Do You Know If Your Work Related Injury Could Fall Under the Category of Occupational Disease?

To start, ask yourself the following five questions:

  1. Do you have a serious physical impairment that prevents you from working?
  2. Do you have a serious physical impairment that limits your ability to perform your job functions?
  3. If your physical impairment is not serious, is it chronic?
  4. Can you adequately demonstrate that your work environment caused your specific ailment?
  5. Can you adequately demonstrate that the work activity you were required to perform caused your specific ailment?

If the answer to some or all of the above questions is “yes,” you may qualify for workers’ compensation benefits in Boise. The claims can often be more complex and difficult to prove. However, that does not mean that the physical harm you are experiencing as a result of your work duties or an exposure to a harmful substance in the workplace cannot be covered under workers’ compensation. Our office is experienced in representing victims of occupational disease and can help you through the process of filing a claim.

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Alan Morton
Advocate for Justice/Trial Lawyer