Have you worked for years and years as a coal miner, only to find yourself with a chronic cough and difficulty breathing? Have you experienced dermatitis after exposure to harsh chemicals at work? Have you developed repetitive stress injuries like carpal tunnel syndrome from your work duties? These are just a few examples of occupational illnesses affecting Kentucky workers.
Occupational diseases affect millions of people, sometimes making it difficult or impossible to continue working. In Kentucky, occupational disease benefits are available through workers’ compensation, but if you make a mistake when filing, your occupational disease claim can be denied or undervalued. That is why you need help from our accomplished Kentucky occupational illness lawyers.
Morgan, Collins, Yeast & Salyer is an occupational diseases law firm in Kentucky with extensive experience in these cases. We are ready to help you prepare your claim correctly and increase your chances of approval. If your claim is denied or undervalued, we will be ready to represent you assertively on appeal.
Contact Morgan, Collins, Yeast & Salyer today for a free consultation to discuss your unique situation and best legal options with an experienced workers’ compensation lawyer.
Reasons to Pick Our Lawyers for Your Kentucky Occupational Disease Claim
Why should you pick Morgan, Collins, Yeast & Salyer for your occupational disease claim? The number one reason is our Kentucky Courage – the strength needed to stand up against powerful insurance companies and hold them accountable.
We handle occupational disease claims from every angle. For example, some workers’ compensation cases also involve a third-party personal injury claim or a Social Security Disability benefits claim. When you meet with our workers’ compensation attorneys for your free initial consultation, you can tell us all about your case, and we will tell you all the angles you can pursue.
If you’ve seen our TV ads, you may wonder whether the attorneys in those commercials are the same ones you’ll be working with in real life. The answer is yes. We are real lawyers who advertise, not advertisers who happen to have a law degree. You’ll speak with one of our lawyers early on, and we will remain available 24/7.
Of course, we cannot guarantee results in any particular case, but we have won many large settlements for our clients. Check out our many positive testimonials to find out more about what previous clients think about their experiences with our law firm. For example, according to client Candy B., “They are very knowledgeable, caring, and will fight for you until the end.”
What Are Occupational Diseases?
Kentucky law defines an occupational disease as any disease arising out of and in the course of employment. How can you tell whether a disease arises out of a particular job? According to the Kentucky Workers’ Compensation Act, a disease should be considered occupational when:
- A causal connection between the work conditions and the disease is “apparent to the rational mind.”
- The disease is a natural consequence of the job and how it is performed.
- The disease is incidental to the character of the business.
- The disease is a rational consequence of a risk connected to the job.
For example, Kentucky’s coal miners are often exposed to a disease called coal workers’ pneumoconiosis (CWP), also known as black lung disease. CWP is a serious disease. Although deaths have been declining, people still die from CWP every year, according to the Centers for Disease Control. CWP is caused by inhaling coal dust for years, so the disease is a rational consequence of coal mining.
A few other examples of the many types of occupational diseases include diseases caused by:
- Chemical agents such as beryllium, cadmium, or phosphorus
- Physical agents such as noise, vibration, or radiation
- Biological agents such as brucellosis or hepatitis
- Respiratory diseases caused by inhalation of dust
- Skin diseases caused by allergies or irritants
- Musculoskeletal disorders from cumulative trauma
- Miners’ nystagmus
Causes and Risk Factors for Occupational Diseases
Occupational illnesses have many different causes. For instance, the main cause of coal workers’ pneumoconiosis is inhaling coal dust. The main risk factors are being over 50 and working as a coal miner for an extended period.
Other occupational diseases have other causes and risk factors, such as exposure to tetanus or hepatitis, improperly designed workstations that can cause ergonomic problems, or exposure to chemical agents.
Some of the most common risk factors include:
- Physical factors such as exposure to dangerous substances
- Issues with the work environment, such as poor ventilation or excessive noise
- Ergonomic problems such as poor workstation design
- Violence or harassment at work
Workers’ Compensation Benefits for Occupational Diseases in Kentucky
In Kentucky, workers’ compensation provides medical coverage, partial replacement of lost wages, and other benefits for workers who suffer occupational diseases. Under the Kentucky Workers’ Compensation Act, employers are liable regardless of whether they are at fault for the disease, so they must carry workers’ compensation insurance to cover any claims.
You can file a workers’ compensation claim after missing seven days of work. If your claim is approved, you will receive temporary total disability payments equal to two-thirds of your average weekly wages up to a limit. The workers’ compensation system will also cover all your related medical expenses and services aimed at helping you return to work.
Common Challenges in Occupational Disease Workers’ Compensation Claims
Common challenges in occupational disease claims include:
- The difficulty of proving a link between the disease and the workplace
- Lack of adequate documentation of exposure levels
- An extended latency period in which the disease shows symptoms only long after exposure
If a disease can have more than one cause, the insurance company may contest that the job was the cause, especially if the exposure happened a long time ago. If the insurance company denies your occupational disease claim, you can request a review by an administrative law judge, followed by an appeal with the Workers’ Compensation Board. Our skilled occupational disease attorneys are ready to fight for your interests on appeal.
How Our Occupational Diseases Attorney Can Help You
Occupational disease law is a complex topic, and correctly filing a claim is not a task you want to take on yourself. Our occupational disease attorneys can help you file your claim in such a way as to give you the best possible chance of success. If the insurance company denies your claim, our attorneys will be prepared to present a strong case on appeal.
Morgan, Collins, Yeast & Salyer offers free case evaluations, so you can tell us all about your situation and get our professional opinion about your best legal options. We are proud of our history of standing up to insurance companies and helping ill employees get the maximum benefits they need.
Contact Morgan, Collins, Yeast & Salyer today to get started with a free and confidential consultation about your potential workers’ comp claim.
