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How to Get Compensation for Occupational Diseases

st-louis-asbestos-lawyerOccupational diseases refer to medical conditions or illnesses that develop as a result of exposure at your workplace.

To receive workers’ compensation for an occupational condition, a worker in Missouri must be able to prove that conditions at work precipitated the injury and resulting disability. Examples of occupational diseases include hearing loss due to noise exposure, repetitive motion injuries like trigger finger, conditions caused by asbestos exposure, or radiation exposure.

Occupational diseases can sometimes be more complicated than other compensate injuries because they can require ongoing medical care and some occupational conditions can be very serious and potentially fatal. For this reason, if you are filing an injury claim for an occupational disease or are looking to settle a claim, it is in your best interests to consult with a St. Louis workers’ compensation lawyer after you report the injury to your employer and get medical treatment.

What to do after an injury or diagnosis

After you receive a diagnosis of an occupational disease you should notify your employer within 30 days. You must submit written notification to your employer, making sure to include information like the date of the injury and the time it occurred, as well as the location, the injured party’s name and address, and the nature of the condition. Remember to make a copy of this letter and make note of the date and time you mailed or hand delivered the letter. If you delivered it by hand, write down the name and contact info of the person who accepted it.

The statute of limitation for filing an occupational disease claim is 2 years. The injured party must file an injury claim with the Missouri Division of Workers’ Compensation within two years of realizing the injury or within two years of the date the last benefit payment was made. The exception to this 2 year rule is that a person has 3 years to make a claim if either an employer or insurer failed to file a First Report of Injury with the Division in a timely manner.

St. Louis Workers’ Compensation Lawyer

If you need more information you can contact the Division of Workers’ Compensation. They can provide more information for you about dispute management services. While the workers’ compensation system is supposed to be a system that functions smoothly for both workers and employers, some cases can become extremely complicated. If you are entitled to social security benefits, qualify for Medicare, or for unemployment benefits, these can all impact your workers’ comp claim, so make sure you learn your rights, and contact a St. Louis workers’ compensation lawyer to ensure your rights are protected.

Do not hesitate to contact the Law Office of James M. Hoffmann if you have any questions regarding an injury or claim. We can evaluate your case and determine what the best course of action would be. These situations can be frustrating but having the aid of an experienced attorney can alleviate a lot of your stress.

Call the Law Office of James M. Hoffmann at (314) 361-4300.


photo credit: Beige Alert

Updated: May 26, 2017