In the context of workers' compensation, an occupational disease refers to any illness or health condition that is directly caused or significantly aggravated by the specific conditions, hazards, or exposures encountered in a worker's occupation or workplace environment.
Occupational diseases are not universally defined across all jurisdictions. Instead, each state will generally have its own list of recognized occupational diseases, based on industry-specific risks and historical data, which are maintained by their labor department or workers' compensation board, and are regularly updated to reflect emerging risks and changes in workplace practices. Common occupational diseases, and their associated, professions include:
Important Note: while many, (if not most) occupational diseases develop gradually over time, not all occupational diseases are chronic or long-developing conditions. For example, industrial workers may be suddenly exposed to toxic fumes due to a chemical leak causing acute respiratory distress, healthcare workers may contract a severe infectious disease within days of exposure to a patient, and agricultural workers might experience acute allergic reactions to newly introduced pesticides—the determining factor is the direct link between the condition and specific workplace hazards or exposures, whether the onset is over years or within hours.
Generally speaking, to receive workers’ compensation benefits for a given injury, it must be shown that the injury arose out of and in the course of employment, regardless of whether it is acute (that is, sudden and traceable to a specific event or incident) or it is “occupational” in the sense that the type of injury sustained by a particular worker is one typically associated with the industry they are working in. This immediately begs the question as to why we need the occupational disease classification at all, since there must be a correlation between the injury and job/workplace both for occupational and non-occupational diseases?
The answer becomes clearer when we examine the various legal and practical advantages that often accompany the classification of an illness as an occupational disease. These advantages include:
Example: John, a Californian construction worker, is diagnosed with silicosis after 20 years of working on demolition and concrete cutting projects. In California, silicosis is specifically listed as an occupational disease under the Labor Code, and the listing further provides that if a construction worker develops silicosis, it is presumed to be work-related. As a result, the burden shifts to the employer to disprove the connection. Additionally, California law allows for extended statutes of limitations for occupational diseases due to their latent nature thereby giving him more time within which to initiate his claim.