In Washington State, workers’ compensation covers medical costs, lost wages, partial or total disability, and other services such as vocational counseling for workers who sustain an injury or illness as a result of their employment. However, the law draws distinctions between industrial injury and occupational disease. To get the coverage you are owed, you must file the proper type of claim within the time limit set for that type of claim. Here’s what you need to know about the differences between industrial injury and occupational disease.
Industrial Injury
An industrial injury can be defined as a sudden, tangible, traumatic event with a prompt bodily response. A fall at work is a classic example. Bumps, bruises, lacerations, and musculoskeletal conditions are common types of industrial injuries.
A pre-existing condition does not disqualify you from receiving workers’ compensation benefits for an industrial injury. In addition, while the injury must occur in the course of your work, it is not limited to your specific duties. For example, if you are paid to work at a desk, but are strolling through the showroom on the way to your car, and you slip and fall in the showroom, you are not disqualified from workers’ comp coverage for your fall.
You are not typically covered for injuries that occur during your commute, or when offsite during your scheduled lunch break. However, you may be covered if the injury occurs while traveling from one work location to another, or while dining in the office cafeteria.
In the state of Washington, you have one year from the date of the incident to report an industrial injury. However, it is strongly recommended that you report the injury and start the paperwork process as soon as it occurs. This may help to expedite your claim and limit your initial out of pocket costs.
Occupational Disease
An occupational disease develops over time rather than suddenly, and is the result of work activities. Examples include asbestos-related lung disease and carpal tunnel syndrome. However, Washington State requires that you establish a link between occupational exposure and the onset of your disease. In addition, you may not claim workers’ comp benefits for a disease contracted due to conditions that are widely present in all employment and non-employment settings, such as degenerative disc disease from too much sitting, or mental stress.
Note that if you have a pre-existing condition that is exacerbated or worsened by occupational exposure, you can claim benefits. However, you cannot claim benefits for a pre-existing condition that you cannot demonstrate was worsened by your job.
You must receive a doctor’s statement, in writing, that your work caused your occupational disease. From the time you receive this statement, you have two years to file a workers’ comp claim. The sooner you file your claim, though, the sooner you can begin the process of receiving the benefits you deserve.
Bryan Stubbs, Attorney at Law, assists clients throughout the Tacoma, WA area. To protect your rights, speak to us as soon as possible after an injury. For over 50 years, our office has been helping injury sufferers recover the damages to which they are entitled. We will fight for your rights and secure the best outcome for your injury claim! BBB A+ Rating.
Contact Bryan Stubbs today at 253-383-5891 to schedule a free initial consultation. If you or a loved one have been seriously injured due to someone else’s actions or neglect, call us today.