What Evidence Is Needed to Prove an Occupational Disease?

Occupational diseases (those brought about by or worsened by exposure in the workplace) can be as devastating as the injuries that occur in the workplace. They are not as easily identified and proven as a sudden accident, as these illnesses usually develop over a long period. When you are seeking workers compensation claim or a suit over a work related illness, then your case will really be won or lost depending on the quality and nature of evidence produced.

The major kinds of evidence that are required to demonstrate the fact that a work-related occupational disease is a compensable one are explained below –

Types of evidence –

1. Medical Records and Diagnosis –

The basis of any occupational disease claim is clear medical evidence. The first thing is that you need to prove that you are suffering a diagnosed condition. Significant medical records consist of:

• Assessments and progress notes of the doctors.
• Results of diagnostic tests (X- rays, MRIs, CT scans, pulmonary tests, blood work, etc.).
• Hospital records
• Drugs and treatment regimens.

The medical practitioner also needs to determine the disease nature and severity, as well as the prognosis of the disease in the long run. In the absence of a formal diagnosis, it is almost impossible to prove occupational disease claim.

2. Medical Causation Opinions –

One cannot just demonstrate his/her sickness, one has to demonstrate that his/her working conditions led to his/her sickness or were the major cause of sickness. This usually involves a proficient medical opinion.

To establish that the disease is work-related, a qualified physician has to be willing to say so, with a reasonable level of medical certainty. Their opinion may be based on:

• Your symptom history
• The exposure type and exposure period.
• Scientific research pointing at workplace risks being associated with the condition.
• Eradication of non-job related causes.

This causal relation is usually the most disputed aspect of an occupational disease complaint.

3. Record of Exposure at Workplace

In order to prove causation, it is required that one has been exposed to hazardous elements or environments at work. Typical ones are asbestos, silica dust, poisonous chemicals, high noise levels, radiation, repetitive motion or infectious agents.

Helpful evidence includes:

• Job descriptions and work responsibilities.
• Chemicals used as safety data sheets (SDS).
• Hazard logs or incident reporting.
• Air quality test or environmental monitoring records.
• OSHA inspection reports

• Employer safety policy and training records.

This is the evidence that will reveal that there is a hazard and you are exposed to it risking in the course of time.

4. Employment and Work History Records

Employment documentation or records will assist in determining the time and period of exposure. These may include:

• Payroll and personnel files
• Time cards and shift schedules.
• Union records Performance evaluations
• These records indicate the duration of your working in dangerous conditions and your exposure could either be continuous or intermittent.

5. Witness Testimony

Witness accounts of colleagues, managers, or health and safety officers can be very crucial in helping you to substantiate your position. Witnesses may confirm:

• The existence of dangerous chemicals.
• Poor protective equipment.
• Unsafe work practices
• Knowledge of hazardous situations by employers.

• How your health has changed over time.

First-hand testimonies may reinforce your argument particularly where employer documents are missing or challenged.

6. Expert Witness Testimony

There are numerous cases of occupational diseases which depend on expert witnesses other than treating doctors. These may include:

• Industrial hygienists to measure the level of exposure.
• Toxicologists to describe the mechanism of disease caused by substances.
• Professionals in occupational health.
• Epidemiologists To make scientific studies relevant in your case.

 Experts have the ability to present complex issues in scientific matters in a manner that is understandable by the judges, juries and the insurance carriers.

Proof of Damages

You should also demonstrate the effect the disease has had on your life both financially and physically. This includes:

Healthcare expenses and invoices.

• Prescription costs

• Repaid loss of wages and earning power.

• Disability ratings

• Suffering, tortures and deprivation of good life.

Compensation is determined by proving real, quantifiable losses even in causation situations.

The prompt reporting and filing claims

In most states, a worker should report an occupational disease in a given period of time upon the diagnosis or discovery. Some evidence that you have timely informed your employer about the claim and submitted your claim form in time may include:

• The reports of injuries or illnesses in writing.
• Emails to HR or supervisors
• Claim forms that are presented to the workers-compensation insurer.
• Failure to report on time may hurt a legitimate claim.

The problem of why Occupational Disease Claims are difficult.

In contrast to traumatic injuries, occupational diseases may develop over a long period and it becomes difficult to identify the onset of the condition when it can be linked to a particular exposure at the workplace. The insurance companies often claim that the disease was brought about by:

Previous medical conditions.

• Exposure to the environment during non-working hours.

• Lifestyle determinants like getting old or smoking.

• It is necessary to have strong, well-documented evidence to overcome these defenses.

How a Lawyer Can Help

A skilled occupational disease and workers compensation counsel can:

• Collection of employment and exposure documents.
• Collaborate with medical professionals to reach causality.
• Get expert witness testimony.
• Manage timeframes and paperwork.

In the absence of legal advice, numerous claims that are worth making have been rejected because of absence of technical evidence.

Conclusion

Occupational disease vs Work-Related Disease requires more than a diagnosis, you must provide a good mix of medical evidence, records of exposure, the opinion of experts and demonstrate financial and personal losses. Due to the complications and immense contention that surround these cases, the real secret to winning the benefits and compensation you need is preparation and legal representation.

In the event that you think that your illness is work related, it is of paramount importance to call on the services of a qualified occupational disease lawyer as soon as you can because this may be the difference on whether you will win or lose your claim.