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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.

An occupational disease differs from a typical situation where a worker suffers an acute work injury after a fall or while lifting a heavy object. In those cases, it is often fairly easy to relate the work injury to the work related activity; not so with occupational diseases. With this in mind, over the next few blogs we will try to briefly explain what an occupational disease is and what your rights are should you sustain such a job illness.

Alabama's Workers' Compensation Act defines an occupational disease as follows: A disease arising out of and in the course of employment including occupational pneumoconiosis and occupational exposure to radiation as defined...in this section, which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence, or fault, if any, of the employer. A disease, including, but not limited to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of exposure, over a period of time, to normal working condition of the trade, process, occupation, or employment.

To most people who do not handle work injury cases in Alabama for a living, this definition is a clear as mud. With this in mind, our next blog will attempt to dissect this section of Alabama's Workers' Compensation Act so you can more easily understand what is, and is not, considered a compensable occupational disease under Alabama's workers' compensation law.

If you suffered a work injury or believe that you have suffered a job illness/occupational disease 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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