About the Course
Introduction
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.
Description
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.
Presented By
For more than 20 years Mr. Benharris has represented injured workers in Massachusetts and Rhode Island in claims for workers’ compensation benefits. He also has tried hundreds of cases at the Social Security Administration in appeals for Social Security Disability benefits. Mr. Benharris served as the Chair of the Massachusetts Bar Association Workers’ Compensation Section Council from 2021 through 2023. He is a frequent lecturer on Massachusetts Workers’ Compensation at Massachusetts Continuing Legal Education (MCLE) where he co-chairs the annual Workers’ Compensation Basics! program and sits on the planning committee for the annual MCLE Workers’ Compensation Conference. He has also lectured at national conferences in Philadelphia and Las Vegas for the Workers’ Injury Law and Advocacy Group. Mr. Benharris was a contributing author to the Lexis Nexis Practice Guide on Workers’ Compensation.
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Mr. Del Bueno has practiced primarily in the area of insurance defense and workers’ compensation law. He writes articles on workers’ compensation issues in Whitt Del Bueno Clark’s e-newsletter. Mr. Del Bueno is a member of the Virginia State Bar and the Virginia Association of Defense Attorneys.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 29, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: occupational illnesses vs. accidental injuries
II. Legal framework for occupational illness workers' comp claims
III. Claimant issues when making the claim
IV. Defense strategies
V. Potential third-party claims
VI. Key takeaways
The panel will review these and other key considerations:
- Why are work-related illnesses harder to prove than accidental injuries?
- What is the legal framework for making occupational illness claims? What challenges face claimants when making these claims?
- What are best practices for developing defense strategies?
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