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Alabama Work Injury Occupational Disease

Alabama Work Injury Occupational Disease

If you work in Alabama, you are not only entitled to workers' compensation benefits when you suffer a work injury, you also may be entitled to workers' compensation benefits if you suffer a job illness which leads to a permanent loss--this is called an Occupational Disease.

In our last blog we explained that for a compensable claim for a job illness/occupational disease, the condition could not be temporary in nature. Rather, it had to be a serious, chronic condition. In this blog we will discuss causation.

In order to have a compensable claim for Alabama workers' compensation benefits due to an occupational disease, you have to able to prove that your job illness was caused (or a pre existing condition was worsened) by you job duties. Some conditions, such as black lung or mesothelioma are more naturally related to one's job duties. Unfortunately, it is not atypical for a person working in a coal mine or around asbestoses to suffer from serious lung disorders, and showing the relationship between their job duties and their job illness is generally not as difficult as it is to show that your COPD or heart disease or hearing loss or cancer is related to your particular occupation. That is because working in a mine or other similar job inherently exposes the worker to a hazard that the general working force is not exposed to. For other serious, chronic illnesses, the worker must be able to: (1) point out the hazardous condition you were exposed to; (2) show that you were exposed to said hazard over a period of time; (3) show that the hazard you were exposed to was in excess to similar hazards the general work populace is exposed to and (4) show that your exposure was sufficient to show that the work hazard caused or contributed to your illness/disease.

If you have suffered a work injury or believe that you have suffered a job illness/occupational disease such as COPD, pneumoconiosis, cancer, hearing loss, emphysema, black lung, mesothelioma or some other illness and you have questions about your rights under the Alabama Workers' Compensation law, the experienced Alabama Work Injury attorneys at Powell and Denny would be happy to speak with you and try to help you with your questions.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, AL

Alabama Work Injury Occupational Disease

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