Over 39,000 occupational injury and illness cases occurred in Kentucky in a single recent year, according to the Bureau of Labor Statistics. Based on data collected by KYSAFE, 10.3 percent of those injuries and illnesses were caused by exposure to harmful substances and environments, which are the leading causes of occupational diseases in Lexington.
An occupational disease can severely impact your ability to work, leaving you unable to earn an income and struggling to pay your medical expenses. However, occupational illness victims may have multiple avenues to seek the compensation they need.
If you suffer from an occupational disease, contact the Lexington work injury lawyers of Morgan, Collins, Yeast & Salyer for a free consultation about your case. Our experienced attorneys have the Kentucky Courage needed to fight for the workers’ compensation benefits you deserve under Kentucky law.
Reasons Why You Need Our Lexington Occupational Disease Law Firm
The Lexington occupational disease lawyers at Morgan, Collins, Yeast & Salyer handle claims from all types of occupational injuries. Whether you have a workers’ compensation claim, third-party injury lawsuit, or Social Security disability claim, we can help you seek the maximum compensation you deserve for your occupational disease.
The same lawyers you see in our TV commercials are the ones who will work on your case. We are real lawyers who advertise, not advertisers who happen to have law degrees. When you work with us, you’ll speak directly with the lawyer handling your case rather than being passed off to paralegals.
Some of the main benefits of working with our Lexington occupational disease lawyers include:
- Free consultations
- 24/7 availability
- A track record of $400 million recovered for our clients
- No fees unless we win money for you
To learn more about what it’s like to work with our firm, we encourage you to check out our client testimonials, including this one:
“Couldn’t have asked for a better experience! Represented me perfectly, and got quick results. Would recommend to anyone in need of representation!” – Brad T.
What Classifies as an Occupational Disease?
What is an occupational disease? It’s a type of workplace injury often arising from exposure to a harmful substance leading to illness. According to the Kentucky Workers’ Compensation Act, an occupational illness must meet the following four criteria:
- There must be a causal connection between your work conditions and your disease.
- The disease must be a natural consequence of your job.
- The disease must be incidental to the character of the business.
- The disease must have a rational connection to the risks of the job.
For example, a Kentucky coal miner who develops coal workers’ pneumoconiosis (CWP) could meet the above criteria because there is a strong connection between the disease and the coal miner’s working conditions. Other examples could include a nurse who contracts hepatitis from working with contaminated needles and a factory worker who develops cancer due to exposure to toxic substances in the manufacturing process.
What Can Cause an Occupational Disease?
The primary cause of occupational diseases is exposure to hazardous substances. However, the types of substances and how workers can be exposed to them vary by industry. Some of the common causes of occupational disease include examples such as:
- Inhaling toxic substances that cause lung diseases due to lack of ventilation
- Skin exposure to toxic substances that can be absorbed through the skin due to a lack of protective equipment
- Needle stick incidents that expose workers to biological contaminants due to a lack of training
- Radiation exposure due to improperly enforced safety protocols
Different parties could be responsible depending on how a worker contracts an occupational disease. For example, third parties may be liable if their dangerous product led to the exposure.
Benefits for Workers with Occupational Diseases in Lexington
The benefits available to workers with occupational diseases in Lexington depend on the type of case they have. Unlike third-party injury lawsuits, workers’ compensation cases don’t allow victims to seek money for pain and suffering. However, third-party injury lawsuits require victims to prove the at-fault party’s negligence caused their injury, while workers’ compensation is a no-fault system.
Workers’ Compensation Claims
You can seek various benefits through a workers’ compensation claim, including partial wage replacement, medical expense coverage, and disability benefits. Wage replacement benefits typically pay up to two-thirds of your pre-injury average weekly wages. Workers’ compensation benefits cover all reasonable and necessary medical treatments. The amount of disability benefits you qualify for depends on whether your disability is temporary or permanent and the degree and extent of your impairment.
Since workers’ compensation is a no-fault system, you do not have to prove that your employer did something wrong to cause your injuries.
Third-Party Personal Injury Claims
Personal injury lawsuits against third parties other than employers and co-workers allow ill workers to seek a broader range of compensation for occupational illnesses. In addition to medical expenses and full replacement of lost wages, workers can pursue compensation for pain and suffering, emotional distress, and loss of consortium in a third-party liability claim. The compensation you could receive for these non-economic losses could significantly increase the overall value of your case.
Common Challenges in Occupational Disease Claims
Victims of occupational diseases face several challenges when trying to recover the compensation they deserve. One challenge is the deadlines associated with occupational injury cases. When filing a workers’ compensation claim for an occupational disease, you have three years to file from the date you discovered your condition or reasonably should have discovered it. But you can file no later than five years from your last work-related exposure.
For a personal injury lawsuit, you have only one year to file from the date you discovered your condition or reasonably should have discovered it. That makes contacting an attorney as soon as possible essential for your case.
Another challenge is in proving the connection between your employment and your disease. Some diseases have clear and established connections to specific industries, but that isn’t always the case. For example, it may be difficult to prove that exposure to toxic building materials used to construct your workplace caused your condition.
How Our Experienced Lexington Occupational Disease Lawyers Can Help
If you suffered an occupational illness in Lexington, Kentucky, contact Morgan, Collins, Yeast & Salyer at (877) 809-5352 or online to set up a free consultation with an experienced occupational disease attorney. During your free initial consultation, we’ll review the details of your case, explain your options for seeking the compensation you deserve, and answer your questions about the legal process.
