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Workers’ Comp Coverage for Occupational Diseases

Florida’s Workers’ Compensation Law covers workers who have developed occupational diseases directly related to their employment. According to the Florida’s Workers’ Comp Law, “the disablement or death of an employee resulting from an occupational disease…shall be treated as the happening of an injury by accident.” Therefore, the employee is covered under his or her employer’s workers’ compensation coverage and is entitled to compensation.

An occupational disease is defined as a disease that is caused by the conditions that are characteristic of a particular trade. The occupational disease is one that would have occurred as a direct result of a work-related activity. This definition does not include diseases and illnesses in which the general public is commonly exposed, unless the risk of contracting the disease is significantly higher in that particular line of work. The Florida Senate’s website goes on to explain that occupational diseases are those that can be directly linked to certain exposures of substances by epidemiological studies.

Some examples of occupational diseases include:

• Asbestosis resulting from working with asbestos insulation or in an asbestos mine
• Development of black lung (a.k.a. Coal worker's pneumoconiosis) among coal miners
• Carpal tunnel syndrome caused by extensive data entry
• Radiation sickness among workers in the nuclear industry

Medical evidence, such as physical examination findings and diagnostic tests, are used to prove that the occupational disease was caused by a work activity. If the medical evidence shows that the disease was caused by the work environment, the employee will be able to receive workers’ compensation benefits. Workers’ compensation includes weekly benefits and medical treatment. Weekly benefits are paid at a maximum of 66 2/3 percent of the worker’s average weekly salary. If a worker dies as the result of an occupational disease, the worker’s family may be able to receive compensation.

Workers’ compensation benefits are only payable if the occupational disease is the main contributing factor of the worker’s injury. The law also states that if a worker fails to inform the employer in writing at the time employment begins that he or she was previously disabled, laid off or compensated in damages because of the disease, then that worker may not be eligible for workers’ compensation coverage.

If you are applying for Florida’s workers’ compensation benefits or if you have been denied compensation for your occupational disease, contact David Benenfeld at (866) 943-5766 for legal advice. David Benenfeld is a Florida workers’ compensation attorney and can help you with your case.

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Workers' Compensation

• Q: When I am injured on the job, am I entitled to receive Workers' Compensation benefits?
• Q: If I do get hurt on the job, what must I do to protect my rights under Workers' Compensation law?
• Q: What happens if my employer refuses to report my incident to the Workers' Compensation Insurance Company, or refuses to provide me with an authorized medical provider or refuses to pay me for the time that I missed from work due to the incident?

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