Louisiana law defines occupational illnesses as a “disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such a disease.”

Occupational diseases typically develop after an employee suffers from prolonged exposure to toxins and other harmful substances. Additionally, occupational illnesses may occur from repetitive movements from work tasks.

In this blog, you’ll learn all about the industries in which occupational illnesses and diseases are common, common workplace illnesses, and what illnesses and diseases are NOT covered by workers’ compensation.

Common Industries for Occupational Illnesses and Diseases

Some industry workers are more likely to develop occupational illnesses and diseases than other employees. Certain industry employees face exposure to toxins, hazardous work conditions, and repetitive motions that can eventually result in illnesses.

Industries with an increased risk of illness and disease include:

• Welders
• Miners
• Workers who work with popcorn and flavoring
• Farmers and farmworkers
• Construction workers
• Aerospace workers
• First responders
• Flax, cotton, and hemp workers
• Manufacturing

Additionally, different industry workers may face long-term diseases or illnesses when exposed to gasoline or diesel fumes, nylon fibers, and noisy equipment.

There are also special rules for certain types of industry employees who suffer from occupational illnesses and diseases. These industries include firefighters and laboratory technicians.

Firefighters qualify for workers’ compensation for many different diseases and illnesses because they’re exposed to many harmful substances and hazards. These include certain types of cancers, such as bladder, brain, liver, skin, pancreas, colon, gastrointestinal tract, and leukemia, and heart disease. For employers or insurance companies to deny workers’ compensation to firefighters, they need to prove that the disease or illness wasn’t caused or worsened by their work. This means that even if the condition wasn’t the primary cause for a firefighter’s disease or illness, they can still receive full workers’ compensation. With most industries, the work conditions or activities need to be the direct and primary cause of an employee’s ailment.

In Louisiana, laboratory technicians can receive workers’ compensation for any illness or disability that directly or indirectly resulted from contracting a disease or being poisoned because of their work. Laboratory technicians often face exposure to drugs, chemicals, and other substances that directly or indirectly harm their long-term health.

Common Occupational Illnesses and Diseases

Many different illnesses and diseases result from hazardous work environments and conditions. Common occupational illnesses and diseases include

• Various forms of cancer
• Infection caused by mold
• Lead poisoning
• Chemical poisoning
• Industrial asthma
• Mesothelioma
• Eczema
• Dermatitis
• Respiratory issues caused by asbestosis

In addition to these common illnesses and diseases, Louisiana also has two special types of occupational diseases covered by workers’ compensation.

Employees can recover workers’ compensation for carpal tunnel syndrome, an incredibly common injury caused by the compression of the median nerve. A few industries in which carpal tunnel syndrome is common include apparel manufacturers, food processors, administrative workers, telephone operators, and office workers. Victims of occupational carpal tunnel syndrome need to prove that their work caused their condition in order to receive workers’ compensation.

Another special occupational illness under Louisiana law is occupational noise-induced hearing loss (NIHL). Louisiana courts have determined that loud work environments contribute to hearing loss, so an employee who loses their hearing due to their work can recover workers’ compensation.

Although workers’ compensation covers many different occupational illnesses and diseases, there are significant exemptions. LA RS 23.1031.1 b states that the following are not covered:

• Degenerative disc disease
• Spinal stenosis
• Arthritis
• Mental illness
• Heart-related or perivascular disease (unless you’re a firefighter)

Call a Louisiana Workers’ Compensation Lawyer

Receiving workers’ compensation for your occupational illness or disease can often be a challenging process. Employers and insurance companies often attempt to underplay a claim or outright deny it. If you were injured or developed an illness or disease in the workplace, you need expert workers’ compensation attorneys at your side every step of the way.

To ensure you receive the compensation you deserve for medical bills and lost wages, contact Lunsford, Baskin, and Priebe, PLLC. The lawyers at Lunsford, Baskin, and Priebe have years of experience helping victims of occupational illnesses and diseases receive the money they need. For legal support you can trust, call our New Orleans office at 504-788-2994. You can also schedule a free consultation by clicking here.

But many people don’t realize that workers’ compensation also covers illnesses and diseases that arise from workplace conditions. As a Louisiana resident, if you became sick because of your work environment, you have just as much eligibility for workers’ compensation as someone who falls, breaks a bone, is injured in an accident, or experiences some other type of trauma.

Your Employer’s Responsibility to Provide a Safe Workplace

Employers are required to provide a safe working environment for their employees. That’s why almost every employer in all 50 states must follow OSHA’s guidelines.

The only employers who don’t have to abide by OSHA’s rules are:

• Self-employed individuals
• Farm employees (and their immediate relatives)
• Any workplace that is regulated by a different set of federal laws, such as the Coast Guard or Department of Energy

Unless you fit into one of those categories, your employer is obligated to provide you with a safe workplace. Workplace safety includes situations related to OSHA’s five categories of workplace hazards:

Safety risks

This includes things like spills that aren’t cleaned up or identified, cords that aren’t secured, falls from heights, machinery with moving parts, electricity, enclosed spaces, and any other condition or object that could lead to an injury.

Chemical hazards

If you do any work with or around chemicals, your employer must protect you from the potential negative effects of those chemicals, no matter the form they are in (such as liquid, gas, vapor, fumes, or particulates). Some common workplace hazards are pesticides, flammable liquids, fumes from welding, carbon monoxide, acids, and fibers or dust from silica and fiberglass.

Biological hazards

Biohazards include blood, bodily fluids, fungi, molds, animal droppings, and viruses. Workers must be provided with effective PPE and be fully informed of all the risks associated with any biological hazards they will encounter on the job.

Physical risks

Sometimes people confuse safety and physical risks. The biggest difference is that safety risks are about objects, whereas physical risks can affect a person with or without contact. For example, extreme temperatures, loud noises, and UV exposure all count as physical workplace risks.

Ergonomic risks

Ergonomic risks affect the musculoskeletal system. Doing repetitive work can strain our muscles, tendons, and bones. Workers in numerous settings face ergonomic risks, including those in offices, on construction sites, on assembly lines, and more.

What are Occupational Diseases?

When you look at that list of risks that OSHA covers, it becomes clear that not every potential workers’ compensation issue is based on a physical injury.

In Louisiana, employees who become disabled because of an occupational disease deserve the same workers’ compensation as those who are physically injured because of an accident or unsafe working environment.

Here is a list of occupational diseases:

• Contact dermatitis
• Eczema
• Rash caused by irritants, sensitizers, or poisonous plants
• Oil acne
• Friction blisters
• Chrome ulcers
• Skin inflammation
• Silicosis
• Asbestosis
• Pneumonitis
• Pharyngitis
• Rhinitis
• Acute congestion
• Farmer’s lung
• Beryllium disease
• Tuberculosis
• Occupational asthma
• Reactive Active Dysfunction Syndrome (RADS)
• Chronic Obstructive Pulmonary Disease (COPD)
• Hypersensitivity pneumonitis
• Toxic inhalation injuries (metal fume fever, chronic obstructive bronchitis, and pneumoconioses)
• Lead poisoning
• Mercury poisoning
• Cadmium poisoning
• Arsenic poisoning
• Carbon monoxide poisoning
• Hydrogen sulfide poisoning
• Benzene poisoning
• Benzol poisoning
• Carbon tetrachloride poisoning
• Insecticide poisoning
• Poisoning by any other chemical
• Hearing loss
• Heatstroke
• Sunstroke
• Heat exhaustion
• Heat stress
• Freezing
• Frostbite
• Decompression sickness
• Ionizing radiation illness
• Nonionizing radiation illness
• Anthrax illness
• AIDS
• HIV
• Hepatitis B
• Hepatitis C
• Brucellosis
• Malignant tumors
• Benign tumors
• Histoplasmosis
• Coccidioidomycosis

This list is not comprehensive, but it is a great starting point. If you have suffered from one of these illnesses because of something hazardous in your workplace, you are entitled to compensation.

How to Get Workers’ Compensation for an Occupational Illness

The process of filing for workers’ compensation benefits is never easy, but with the right support, you can get what is fair. In Louisiana, your best option is to work with a qualified and experienced legal team that specializes in helping people go through the workers’ compensation process.

Together, you will demonstrate that your illness is a result of your work environment. This may be because you have not been given proper Personal Protective Equipment (PPE), you were not informed of the risks, or you work in what can be described as a “sick building.”

The best way to maximize your workers’ compensation claim is to work with an attorney who knows how to make the system work for you.

Lunsford, Baskin & Priebe, PLLC provides compassionate, comprehensive legal services to people who have been injured on the job. We are here to support you as you navigate the complicated experience of filing a workers’ comp claim, including for occupational illness.

Contact us today for a free consultation!