Industrial diseases are medical conditions that arise due to working in a particular field or industry. They are common for certain lines of work, especially industries like production, manufacturing, or construction. However, industrial diseases can occur in any line of work, and each industry has medical conditions that are associated more closely with it than others.
In order to recover damages for an industrial disease, the worker usually needs to prove that they were employed by their employer at the time of injury and that their injury was directly related to their job tasks.
Some examples of industrial disease include:
Again, the main characteristic of an industrial disease is that it is very specific to a certain line of work. For instance, vibration white finger (VWF) is very common in construction jobs due to the use of power tools, whereas it is not common in an office setting.
Remedies for industrial disease often involve a monetary damages award for losses caused by the injury. This often covers lost wages, medical expenses, and other costs. In most cases, these types of damages are covered either through workers compensation or through a lawsuit.
Some defenses to industrial disease claims include:
Thus, industrial disease claims must be filed in a timely manner and must involve a valid claim. Frivolous or speculative lawsuits usually will not be accepted by the court, and the plaintiff can sometimes be fined for filing such types of lawsuits.
Industrial diseases may sometimes involve very serious legal and medical issues. You may need to hire an experienced employment lawyer in your area if you need help with an industrial disease claim. Your attorney can provide you with the type of legal advice and research that is needed for work-related injury claims. Also, if you need to appear in court, your attorney an advise you on how to proceed.
Last Modified: 06-10-2014 02:38 PM PDTLaw Library Disclaimer
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