Occupational Disease Claims in PA Workers’ Compensation
The Workers’ Compensation Act and the 1939 Occupational Disease Act
PA deals with occupational disease claims by looking at two main laws. The Pennsylvania Workers’ Compensation Act and the 1939 Occupational Disease Act govern occupational disease claims. These Acts prove central for workers suffering from work-related injuries regarding their working conditions. Particularly, injuries caused by physical hazards or chemical hazards.
Although important historically, the 1939 Act has less importance today because the Workers’ Compensation Act has expanded.
Expanding the Scope
Both the Workers’ Compensation Act and the 1939 Occupational Disease Act cover occupational diseases. The 1972 amendments to the Workers’ Compensation Act expanded its scope to include diseases.
These updates give coverage for workers exposed to hazardous conditions after June 30, 1973. This amendment includes coverage for any disabilities or deaths resulting from these conditions. Certain sections of the 1939 Act [301(a)2, 301(i), and 301(j)] can still play a vital role for specific diseases.
How Does It Work?
The Workers’ Compensation Act covers employment relationships, how claims work across different states, without restricting OSHA claims. As interpreted by PA Courts, it also limits legal principles like res judicata and collateral estoppel. For example, some employers have tried to limit recovery for lost wages on progressive diseases.
Courts have also examined how often workers with permanent conditions, like pneumoconiosis, should undergo examination. For these kinds of illnesses, an insurance carrier cannot harass injured workers with multiple exams without a good reason.
What Is An Injury?
The Act defines “injury” to include work-related diseases and occupational hazards. This covers diseases caused by work in section 301(c)(1) or other listed diseases in section 301(c)(2). Including, a disease either worsened by work or directly caused by it.
To simplify the workers’ compensation claim process, the Act lists diseases, which it considers injuries. Recent updates added conditions like asbestos-related cancer. For example, Act 46 of 2011 recognized firefighter cancer as an eligible condition.
How Much Time Do I Have to File a Claim For Occupational Disease?
Disability or death from an occupational disease must occur within 300 weeks of the last toxic exposure. Usually, an injured worker can only receive workers comp. However, an injured worker may have a direct claim against an employer outside this time for an occupational disease.
The Act also details a three calendar year period for filing claims. This affirms the need for awareness of the employee who contracts the disability and its link to work. These rules help with timely and proper filing of occupational disease claims.
What Benefits Can I Get For an Occupational Disease Claim?
For workers’ compensation benefits, the Act covers lost wages and medical benefits. The compensation rate depends upon the worker’s wages and last exposure. The Act also outlines specific loss benefits, death benefits, medical costs, and more.
Several forms and rules address changes in claim status and show the need for adjustments based on the worker’s health or job status.
The 1939 Occupational Disease Act, though less used today, established the groundwork for the state’s workers’ comp system. It offers benefits for specific lung diseases and sets up a distinct legal process. This Act, alongside the Workers’ Compensation Act, creates a system for protecting worker health and safety.
The Wrap Up
Workers’ compensation programs provide more protections and more options for claims in labor and industry. PA’s approach to occupational disease claims shows a strong system aimed at worker protection. The Workers’ Compensation Act and the 1939 Occupational Disease Act provide a clear way to approach occupational diseases. They ensure workers have the protections and compensation they need.
Who Can Help?
Injured workers can find help in many places. The Bureau of Workers’ Compensation has many resources.
The centers for disease control oversee the protection of workers. For example, the National Institute for Safety and Health (NIOSH) is one organization focused on worker safety. Also, the National Institute for Occupational Safety and Health Administration (OSHA) lays out workers’ rights and protections. Many government agencies focus on occupational disease control and prevention.
When facing an occupational disease, always speak to a workers’ comp attorney. Learn your rights and make sure you get the treatment and compensation due. Reach out to our offices 24/7 for a free and confidential case evaluation (215) 609-4183.
