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Occupational Disease in MN? You Deserve Worker’s Compensation
When most people think of worker’s compensation claims, they think of accidents that happen when on the job. However, this is not the only instance in which someone is eligible for worker’s compensation. Sometimes, people develop medical conditions due to work – and in some cases, those qualify for worker’s compensation as well.
Here is how it works. The medical conditions a person can develop due to exposure to substances at work – or even prolonged stress – are called occupational diseases. For these types of cases, you need experienced and knowledgeable worker’s compensation attorneys on your side.
If you suffer from a condition that was either made worse at work or developed due to work conditions, the attorneys at Olson, Poole & Envall can help. We understand that job-related injury and illness are all-too-common for Minnesotans and want to assist you in getting the compensation you are entitled to through worker’s compensation.
A Minnesota Injury Law Firm That Understands Occupational Diseases
Under the law in Minnesota, posttraumatic stress disorder (PTSD) and physical disease can be seen as occupational diseases if they meet the state’s criteria, which include:
- The disease arose during and out of your employment
- Your employment is the direct cause of the condition
- The condition developed because of a hazard that is unique to your employment instead of a hazard that is present in everyday life or most jobs
Also, it is important to note that Minnesota law notes that posttraumatic stress disorder cannot be considered an occupational disease if it is the result of good faith actions on behalf of the employer such as evaluations, termination, promotions, and transfers.
Many conditions can be considered occupational diseases under the law. Some of the most common include:
- Lung Disease
- Blood diseases
- Breathing problems due to chemical exposure
In most cases, the conditions a person develops on the job are the result of breathing in materials or chemicals such as dust, silica, or asbestos. Since occupational diseases can result in a disability that takes away a person’s ability to work in the long term, it is important to understand how worker’s compensation can help.
The Experienced MN Injury Attorneys at Olson, Poole & Envall Can Guide You
Getting worker’s compensation – particularly for an occupational disease – is not a simple process. That is why you need an experienced attorney from Olson, Poole & Envall to help guide you through the worker’s compensation process, ensuring you meet the criteria, make the best case, and meet all the deadlines associated with the claim process.
When you are seeking workers’ compensation for occupational diseases, you have to show that your disease was the direct result of exposure to workplace conditions that were hazardous to your health. You may also need to show that other factors, such as lifestyle or personal hobbies, play no part in your disease.
Minnesota law does hold some presumptions for particular professions. For example, if a firefighter or law enforcement officer develops a condition such as myocarditis or pneumonia, then it is presumed to be a result of their occupation. The same goes for firefighters who develop certain types of cancers known to be caused by exposure to heat, radiation, or some carcinogens.
The Distinctive Challenges of Worker’s Compensation for Occupational Disease
Unfortunately, worker’s compensation benefits can be difficult to get for occupational disease for many reasons. Chief among these is the time it takes for the disease to make itself known to the employee, which in some cases can be months or years after the exposure on the job. This can make it difficult to document or identify the factors that caused the disease.
Additionally, some occupational diseases can have many underlying causes, making it complicated to prove that your employment was the direct cause of the condition. These issues make it vital to have legal assistance for your occupational disease claim.
An attorney who specializes in this type of law can help you to more effectively make your case and put together a legal claim that is not only credible but has the greatest chance of success.
Occupational Disease Deadlines in Minnesota
You must file claims for worker’s compensation in Minnesota within a specific timeframe. However, the deadlines associated with occupational disease claims for worker’s compensation are different than other claims.
Injuries unrelated to occupational diseases have a statute of limitations of three years from the date of the injury when the employer filed a First Report of Injury. If there is no First Report of Injury filed, then you have six years from the date of the injury to file a claim.
If an occupational disease is involved in the claim, then you have three years from the date of the discovery of the disease and the determination that it was related to your occupation. The disability you are filing for must also require you to:
- Take time off of your job
- Change the work you do
- Do the same work, but with significant restrictions
What Can Worker’s Compensation in Minnesota Pay For?
The compensation your receive as the result of the condition caused by your employer can help to pay for:
- Wages you lost
- Projected Future Earnings
- Hospital and Doctor Bills
- Medical Equipment
As you deal with your illness, you may find that the expenses are more than you thought. Taking advantage of your right to receive worker’s compensation is not just helpful, it is vital to help you continue to live and recover from the condition.
A Minnesota Occupational Disease Attorney Can Help You
If you have developed a disease that was the result of your employment, know that you have rights. The diligent attorneys at Olson, Poole & Envall will work aggressively for you to help you get the benefits you need to not only pay for your expenses but also to recover from the condition that has significantly impacted your work and your life.
You do not have to pay for the mistakes of others – fight for your rights and get the compensation that you need and deserve with our help.