We are available for video conferences or in person consultations.

How to Navigate the Complexities of Filing an Occupational Disease Claim

Construction woker who fell on the ground with his yellow safety helmet.

Are you or someone you know suffering from an occupational disease and wondering how to file a claim? Navigating the complexities of filing for benefits can be overwhelming, but don’t worry – we’re here to help.

We’ll break down everything you need to know about filing an occupational disease claim in Cincinnati Ohio, and provide tips on how to ensure your application is successful. From understanding the eligibility requirements to gathering evidence and submitting your claim, we’ve got you covered.

Our experienced Cincinnati workers’ compensation lawyers can guide you through every step of the process.

What Types of Illnesses Qualify as Occupational Diseases in Cincinnati?

When you are unable to work because of an occupational disease, you may be entitled to workers’ compensation benefits.

An occupational disease is any chronic ailment that arises as a result of the conditions of your job or employment. To qualify for benefits, you must be able to show that your condition is related to your job.

There are two types of occupational diseases: those caused by exposure to hazardous substances and those caused by repetitive motion or stress.

Exposure to Hazardous Substances

Hazardous substance exposure can occur when you are exposed to harmful chemicals, fumes, or other toxic substances. This type of exposure can happen suddenly, such as in a factory explosion, or over time, such as from working with asbestos.

Repetitive Motion and Stress Injuries

Repetitive motion injuries are those that occur from performing the same task over and over again. These injuries can happen gradually and may not be immediately apparent. Examples of repetitive motion injuries include carpal tunnel syndrome and tendonitis.

Stress-related occupational diseases are those where the work environment itself is the cause of the condition. Examples of stress-related conditions include post-traumatic stress disorder (PTSD) and anxiety disorders.

How Do You Know If You Have a Case?

To be eligible for workers’ compensation benefits, the employee must have been diagnosed with the condition by a licensed physician and the condition must be directly related to the employee’s job duties. The employee must also be able to provide medical evidence linking the condition to the workplace.

In Ohio, there are specific laws and regulations that govern the types of conditions that qualify as occupational diseases. It is important to contact a qualified workers’ compensation attorney in Cincinnati to determine if you may be eligible for benefits.

The Process for Filing an Occupational Disease Claim

If you’ve been diagnosed with an occupational disease, you may be wondering how to file a claim. The process can be complex, but we’re here to help. Here’s a look at the steps you’ll need to take.

Step 1

Get a diagnosis from a qualified doctor. In order to file a successful claim, you’ll need to have a diagnosis from a doctor who is qualified to diagnose occupational diseases. Your doctor will then determine if your condition is work-related and whether it qualifies as an occupational disease. If it does, they will fill out the necessary paperwork so that you can file a claim.

A diagnosis is crucial for an occupational disease claim

Step 2

File a notice of injury/illness with your employer. This is an important step in the process, as it will start the clock ticking on your employer’s responsibility to provide workers’ compensation benefits.

Step 3

File a workers’ compensation claim with your state workers’ compensation board or agency. Once you have your diagnosis, you can file a claim with your state workers’ compensation board or agency.

Step 4

Wait for approval or denial of your claim. Once your claim has been filed, the workers’ compensation board or agency will review it and make a decision on whether or not to approve it. If your claim is approved, you will begin receiving benefits; if it is denied, you can appeal the decision.

Step 5

Begin receiving benefits. If your claim is approved, you will begin receiving benefits that may include medical care and wage replacement.

Who Pays for the Occupational Disease Claim?

All employers with one or more employees are required by Ohio law to carry workers’ compensation insurance.  Workers’ compensation provides benefits to employees who are injured or who contract an illness at work.

In Ohio, the workers’ compensation system is administered by the Bureau of Workers’ Compensation (BWC). The BWC provides benefits for both workplace injuries and occupational diseases.

What is the Difference Between an Accident and an Occupational Disease Claim?

Accident claims are typically filed when an employee is injured due to a one-time event, such as a slip and fall.

Disease claims, on the other hand, are usually filed when an employee contracted an illness or injury over time due to their working conditions. For example, if an employee develops carpal tunnel syndrome from repetitive motions at work, they would file a disease claim.

Disease claims can be more complex than accident claims, as it can be difficult to prove that the working conditions were the cause of the disease.

However, if you have been diagnosed with a disease that you believe is work-related, it is important to speak with an experienced attorney who can help you navigate the complexities of filing a claim.

Call Young, Reverman & Mazzei Attorneys to Discuss Your Case

If you are suffering from an occupational disease, you may be wondering how to navigate the complex process of filing a claim. The first step is to contact an experienced Cincinnati workers’ compensation lawyer who can help you understand your rights and options.

At Young, Reverman & Mazzei, we have extensive experience handling occupational disease claims, and we can guide you through every step of the process.

We will start by evaluating your case to determine whether you have a valid claim. If we believe you do have a valid claim, we will then help you gather the necessary evidence and documentation to support your case.

Once we have all the necessary documentation and evidence, we will help you file your workers’ compensation claim. In the event that your claim is denied, we will appeal the case with the Ohio  Bureau of Workers’ Compensation (BWC).

No matter what stage of the process you are in, our attorneys will be there with you every step of the way, fighting for the compensation you deserve. Contact us today to schedule a free consultation.

Jay A. Bolotin is a partner at the injury law firm of Young, Reverman & Bolotin. Serving the people of Indiana, Kentucky, and Ohio, Jay dedicates his career to helping clients in the tri-state area obtain financial compensation after suffering serious injuries. He focuses his practice on cases involving car accidents, trucking accidents, dog bites and animal attacks, and other types of personal injury incidents.

Years of Experience: More than 25 years
Registration Status:: Active
Bar Admissions: Illinois, Kentucky, Ohio, Indiana, and Cincinati Bar Association