Industrial Disease Defenses
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What Are Industrial Diseases?
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.
What Are Some Examples of Industrial Disease?
Some examples of industrial disease include:
- Repetitive stress injuries
- Musculoskeletal disorders, such as joint pain and muscle strains
- Toxic exposure injuries
- Various types of lung disorders, including silicosis or absestosis
- Heavy lifting injuries
- Power tool injuries such as vibration white finger
- Various other types of injuries
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.
What Are Some Common Defenses to Industrial Disease Lawsuits?
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:
- The injury was not directly work-related
- The plaintiff engaged in fraud with regards to their claim
- The injury was simply an aggravation of a pre-existing injury
- The plaintiff waited too long to file a claim (i.e., the statute of limitations had expired)
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.
Should I Hire a Lawyer for Help with Industrial Disease Defenses?
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.
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Last Modified: 06-10-2014 02:38 PM PDT
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