Occupational Illness Claims in Workers' Comp: Claimant Issues; Defense Strategies; Potential Third-Party Liability

This CLE webinar will examine occupational illnesses and workers' compensation claims. The panel will discuss the legal framework for making an occupational illness claim and the challenges faced by claimants. The panel will also address defense strategies and potential third-party liability.

Compensable injuries in the workplace extend beyond injuries incurred because of accidents to include illnesses that are contracted after exposure to risk factors in the work environment. Such illnesses vary widely from chronic conditions like musculoskeletal disorders due to repetitive motion to illnesses caused by chemical or other materials exposure.

Proving a work-related illness is more difficult for claimants than an accidental injury. Key elements in the legal framework for occupational illness claims may be challenging for claimants to meet such as showing a direct causal connection between working conditions and the disease. 

Additional considerations include whether a third party may also be liable or whether the claimant incurred the illness over the course of their work history working for multiple employers.

Listen as our expert panel discusses workers' comp claims for occupational illnesses in the workplace and challenges facing claimants. The panel will also discuss defense strategies and offer best practices for making or defending these claims.