What is an Occupational Disease?

An occupational disease refers to a chronic health condition that was caused by your employment. Your job duties or work environment could contribute to the development of an occupational disease. Occupational diseases may include:

1. Silicosis: You could develop symptoms of silicosis after being exposed to silica dust for an extended period. Silicosis is lung scarring caused by breathing in silica dust. Symptoms of silicosis include wheezing, chest pain and coughing.
2. Asbestosis or mesothelioma: Asbestosis and mesothelioma are lung diseases caused by inhaling asbestos, a group of naturally occurring minerals that may be found in older construction materials or certain consumer products.
3. Carpal tunnel syndrome/repetitive motion injuries: Certain repetitive trauma injuries, such as carpal tunnel, may be considered an occupational disease. Carpal tunnel syndrome causes pain, numbness or tingling in the arms, wrists or hands.

There are other types of occupational diseases. The key thing to remember is that an occupational disease causes damage to the body and arises out of and in the course of your employment.

Can I Receive Texas Workers’ Comp Benefits for an Occupational Disease?

You would need to demonstrate that your disease was caused by your occupation to receive workers’ comp benefits in Texas. The same criteria would be necessary to receive death benefits if you lost a loved one to an occupational disease. You may also receive benefits if you developed PTSD while working as a first responder.

Texas has more complicated workers’ comp laws than other states. In our state, employers are not required to carry workers’ comp insurance. Some Texas employers are nonsubscribers, meaning they do not carry workers’ comp. However, this also means it may be possible to file a personal injury lawsuit against the employer. The same could be true if a third party contributed to the development of an occupational disease.

Given how complicated it can be to seek compensation for an occupational disease in Texas, we encourage you to call the Law Offices of Aaron Allison. Austin personal injury attorney Aaron Allison could review your case to help you determine which types of compensation could be pursued.