Occupational Disease & Exposure Claims Center: Your Complete Guide to Work-Related Illness Claims

 

Workers’ Compensation Covers Occupational Diseases and Workplace Exposures to Hazardous Chemicals. But You Must Meet a Higher Burden of Proof to Win.

 

When most people think of workplace injuries or workers’ compensation law, they picture sudden accidents and orthopedic injuries—falls, cuts, car crashes, or equipment malfunctions.

 

But some of the most devastating work-related health problems we have witnessed are those that develop slowly over months, years, or even decades of exposure to the cause. These occupational diseases from multiple exposures can be just as disabling as traumatic injuries, but they present unique challenges in proving causation and securing benefits or a settlement payout under the Workers’ Compensation Act.

 

Have you been diagnosed with a health condition that you or your medical provider believes comes from your work environment, occupational exposures, or job duties?

 

If so, your employer may have to pay workers’ compensation benefits. And our law firm can help you get what you need.  

 

As a Virginia occupational disease lawyer, Corey Pollard has won claims for hundreds of employees. Let’s start now.

 

 

What’s the Difference Between Occupational Diseases and Traumatic Injuries?

 

The Virginia Workers’ Compensation Act recognizes two types of work-related health problems: injuries by accident (traumatic injuries) and occupational diseases.

 

Generally, you have a claim for a workplace injury by accident if your problems began with a sudden, identifiable incident that caused a sudden mechanical or structural change to the body.

 

A drastic change, such as a burn or an amputation, isn’t necessary to meet the definition of an injury by accident. Existing case law says that bruises, cuts, strains, sprains, redness, numbness, and tingling are enough.

 

In contrast, an occupational disease usually develops gradually through repeated or multiple exposures to a particular workplace hazard.

 

Confusing?

 

Yes.

 

But here is a summary of the key differences between an occupational disease and an injury by accident:

 

• • Timing: An injury by accident occurs suddenly or during a specific period of work activity, usually three hours or less. Occupational diseases develop over more extended periods.

 

• • Causation: Accidents often have a straightforward cause-and-effect relationship with the injury, with disputes arising over the nature and extent of the injury and resulting disability instead of causation. In contrast, occupational diseases more frequently involve disputes over causation and whether the disease developed on the job or from exposures outside of the workplace.  

 

• • Symptoms: Traumatic injuries typically produce immediate symptoms, while occupational diseases may remain dormant for years and take time for you to realize the connection with work.

 

• • Legal requirements: Both are compensable under Virginia law, but proving occupational diseases requires different evidence and a stricter burden of proof (clear and convincing evidence, instead of preponderance of the evidence), unless one of the Act’s presumptions applies.

 

What is an Occupational Disease?

 

To prove an occupational disease under Virginia Code Section 65.2-400, you must show that your disease arises from your employment but is “not an ordinary disease of life to which the general public is exposed” outside of your workplace. This definition means the disease must be directly connected to your work environment and not something you would have likely developed anyway.

 

Common Types of Occupational Diseases in Virginia

 

Employees in many industries are exposed to substances and conditions that can cause serious, life-long health problems. Understanding the types of occupational diseases helps you identify whether you have a workers’ compensation claim.

 

Respiratory and Lung Diseases

 

Virginia’s industrial backbone, particularly in shipbuilding, construction, and manufacturing, has exposed thousands of workers to substances that damage the lungs and respiratory system.

 

Asbestos-Related Diseases: Despite regulations limiting asbestos use, many Virginia workers continue to face exposure during renovation, demolition, and maintenance of older buildings. Asbestos exposure can cause:

 

• • Mesothelioma (cancer of the lung lining)
  • Lung cancer
  • Asbestosis (scarring of lung tissue)
  • Pleural plaques and thickening

 

Silicosis: Workers in construction, sandblasting, mining, home renovations involving concrete, and stone cutting face exposure to crystalline silica dust, which can cause progressive lung scarring and breathing difficulties.

 

Coal Workers’ Pneumoconiosis (Black Lung Disease): Though less common in Virginia than neighboring coal-producing states like West Virginia, some Virginia workers in coal-related industries may develop this progressive lung disease.

 

Chemical-Induced Respiratory Problems: Exposure to industrial chemicals, solvents, and fumes can cause:

 

• • Occupational asthma
  • Chemical pneumonitis
  • Chronic obstructive pulmonary disease (COPD)
  • Hypersensitivity pneumonitis

 

The amount of time between the exposure and the diagnosis of your condition may determine whether you should file an occupational disease or injury by accident claim for one of these chemical-induced respiratory conditions.

 

Cancer

 

Few medical diagnoses are as devastating to hear as “cancer.”

 

But unfortunately, occupational exposures to carcinogenic substances can increase cancer risk significantly.

 

Work-related cancers often have long latency periods, making the connection to workplace exposure challenging to establish. You should, therefore, talk with an occupational disease lawyer to find out if one of the statutory presumptions for cancer applies to your specific employment (for example, firefighters, police officers, first responders, nurses, etc).

 

Common occupational cancers include:

 

• • Lung cancer from asbestos, silica, or chemical exposure
  • Bladder cancer from exposure to chemicals used in the manufacturing process
  • Skin cancer from UV exposure in jobs performed outside in the sun
  • Blood cancers and tumors from exposure to radiation

 

Musculoskeletal and Repetitive Stress Disorders

 

While often thought of as injuries, some musculoskeletal problems develop gradually.

 

Examples include:

 

• • Carpal tunnel syndrome from repetitive hand motions
  • Tendonitis and bursitis from repetitive movements
  • Trigger finger and other hand/wrist conditions

 

Though other states’ laws do, the Virginia Workers’ Compensation Act does not cover cumulative trauma injuries (other states do). But Virginia’s law provides an exception for carpal tunnel syndrome.

 

Further, you can receive wage loss and lifetime medical benefits for a repetitive motion disorder aggravated or exacerbated by a sudden injury by accident. Thus, you have two ways to get the occupational disease covered.

 

Neurological Conditions

 

Exposure to toxic substances or loud noises can damage the nervous system, leading to severe neurological impairments.

 

Work-related neurological problems that our occupational disease attorneys have handled include:

 

• • Peripheral neuropathy (nerve damage) from chemical exposure or carbon monoxide poisoning
  • Memory loss and cognitive impairment from solvent exposure or toxic mold
  • Parkinson’s disease from pesticide or heavy metal exposure
  • Hearing loss from prolonged noise exposure (the Workers’ Compensation Act has a carve-out for this condition also)

 

Skin Conditions and Chemical Burns

 

Workplace exposure to chemicals, allergens, and irritants can cause acute, intermittent, or chronic skin problems.

 

Common disabling skin conditions from occupational exposures include:

 

• • Contact dermatitis from chemical exposure
  • Chemical burns from acids, bases, or solvents
  • Skin cancer from UV or chemical exposure
  • Allergic reactions to workplace substances

 

Industries with High Occupational Disease Risk in Virginia

 

Specific Virginia industries present elevated risks for occupational diseases due to the materials and hazards their employees work with or near.

 

Maritime and Shipbuilding

 

Hampton Roads has a long history in shipbuilding, ship repair, and maritime operations. For example, Newport News Shipbuilding is the largest shipbuilder in the country.

 

Unfortunately, shipbuilding employees may face exposure to:

 

• • Asbestos in older vessels
  • Heavy metals in paints and coatings
  • Solvents and chemical strippers
  • Welding fumes and metal particles (like hot slag when carbon arcing)

 

Construction and Demolition

 

The typical construction site has numerous hazards and dangerous substances, especially those involving older buildings or industrial sites.

 

• • Asbestos in insulation, tiles, and building materials
  • Silica dust from work involving brick and stone
  • Lead paint exposure during building renovations

 

Manufacturing

 

Manufacturing facilities often expose employees to chemical hazards and toxic fumes.

 

Our occupational disease lawyers have negotiated settlements in cases involving harm from:

 

• • Chemical solvents and cleaning agents
  • Metal dusts and fumes from machining, welding, and renovations
  • Plastics and polymer processing chemicals
  • Industrial adhesives and coatings

 

Healthcare

 

Healthcare workers face unique occupational disease risks from:

 

• • Infectious diseases from patient contact (needlestick injuries)
  • Chemical exposures from disinfectants (our occupational disease lawyers have successfully resolved cases where cleaning liquid caused a respiratory illness)
  • Latex allergies from gloves and equipment
  • Radiation exposure from medical imaging

 

Agriculture

 

Farm workers, landscape employees, and other agricultural employees may develop diseases from exposure to:

 

• • Pesticide and herbicide exposure
  • Organic dusts from grain and hay
  • Zoonotic diseases from contact with animals
  • Extreme heat or cold

 

What Do You Need to Prove that a Workplace Exposure Caused Your Illness?

 

We recommend finding or developing the evidence below to give yourself the best chance of winning an occupational disease claim.

 

Medical Evidence

 

You must have medical evidence to win your case. This includes:

 

Diagnostic Documentation: Complete medical records showing your diagnosis, including:

 

• • Pathology reports and biopsy results
  • Imaging studies (X-rays, CT scans, MRIs)
  • Pulmonary function tests for lung diseases
  • Laboratory results showing biomarkers of exposure

 

Medical Opinions: Statements from treating physicians or occupational medicine specialists addressing:

 

• • The nature and extent of your condition
  • Whether your condition is consistent with workplace exposure
  • The timing of exposure and disease development
  • Alternative causes that your doctors considered and ruled out
  • The date your doctor told you that work is a cause of your disease

 

Documentation of an Occupational Exposure

 

Proving exposure to harmful substances requires detailed workplace information:

 

Job History Documentation: Complete employment records showing:

 

• • All jobs involving potential exposure
  • Duration of employment at each position
  • Specific job duties and work locations
  • Changes in workplace conditions over time

 

Workplace Records: Documentation of workplace conditions, including:

 

• • Safety data sheets for chemicals used (*critical in disputed cases)
  • Air monitoring results
  • Industrial hygiene reports
  • OSHA inspection records and citations
  • Workers’ compensation claims by coworkers (uncovered with pre-trial discovery tools like interrogatories and requests for production)

 

Witness Testimony

 

Your coworkers and supervisors can provide valuable testimony about:

 

• • Working conditions and safety practices (including substances observed or fumes smelled)
  • Personal protective equipment (PPE) provided by the employer to reduce the impact of any exposure, or the lack thereof
  • Similar health problems or diagnoses (for example, is there evidence of a disease cluster)

 

How Do Disease Latency Periods Affect the Statute of Limitations for an Occupational Illness Claim?

 

No matter the area of law, you have a limited period to file a claim for benefits or damages. This deadline is called the statute of limitations.

 

Unfortunately, determining the deadline for your occupational disease claim can be challenging when your specific illness has a long latent period or there is a gap between the date of diagnosis and the date the doctor tells you that a work-related exposure caused the disease.

 

Understanding Latency

 

The latency period is the time between when you have the occupational exposure and when you develop the disease.

 

Depending on your occupational disease, the latency period can run from five years to 40 or more years.

 

The Statute Doesn’t Run Until You Should Have Realized the Connection Between Work and the Disease

 

The Virginia Workers’ Compensation Act recognizes that workers may not immediately realize their disease is work-related. It does this by not starting the clock on how long you have to file an occupational disease claim until you:

 

• • Know you have the disease (the diagnosis)
  • Know or should reasonably know it’s work-related (the communication that the diagnosis is work-related)

 

Additionally, Virginia Code Section 65.2-406 provides a way to extend the statute of limitations if you do not receive a diagnosis until years later. Under this statute, you have five years from the date you last worked for the employer who exposed you to the illness’s cause, if that date comes before the date of communication.

 

These rules help workers who develop diseases long after the occupational exposure. However, we would like to see the five years extended to 25 years for diseases with significant latent periods.

 

Multiple Employer Situations

 

Given the latency periods associated with many of these illnesses, you may have worked for multiple employers that exposed you to the disease’s cause.

 

Virginia law resolves this situation with the last injurious exposure rule, which states that the last employer you worked for where the significant exposure occurred is responsible for paying the claim for benefits.

 

What Does Workers’ Comp Provide to Occupational Disease Victims?

 

Once you prove that the law covers your occupational disease, you can receive the same benefits as those employees with injuries by accident can receive:

 

Medical Benefits

 

Complete coverage for all reasonable and necessary medical treatment related to your occupational disease:

 

• • Diagnostic testing and specialist consultations
  • Medications and medical devices
  • Surgery and hospitalization
  • Ongoing monitoring and follow-up care
  • Palliative and end-of-life care when appropriate

 

Wage Loss Benefits

 

Temporary Total Disability: If you’re unable to work while receiving treatment or recovering, or if you can no longer work in the location because it will expose you to the hazardous substance

 

Temporary Partial Disability: If you earn less because you have medical work restrictions limiting what you can do

 

Permanent Partial Disability: For permanent impairment from the occupational disease. Usually, you must have objective evidence (vision tests, hearing tests, chest x-rays) that the disease diminished your ability to see, hear, or breathe without discomfort.

 

Death Benefits

 

An occupational disease may prove fatal.

 

If you are a surviving family member of a deceased worker, you may receive:

 

• • Death benefits for spouses and dependents
  • Funeral expense reimbursement
  • Continuation of medical benefits for treatment before death

When to Call an Occupational Disease Lawyer

 

Given how complex occupational disease claims are and how aggressively employers and insurers fight them because of their expense, hiring an attorney for your occupational exposure claim makes sense.

 

Reach out to our law firm if:

 

• • Your employer or their insurance company denies your claim
  • You’re unsure whether your condition is work-related
  • You worked for multiple employers where exposure occurred
  • Your condition developed years after exposure ended
  • You face complex medical or scientific issues in proving causation
  • You’re dealing with a terminal diagnosis and need expedited handling

 

What an Experienced Occupational Disease Attorney Can Do

 

A skilled occupational disease lawyer will :

 

• • Investigate your exposure history and gather supporting evidence
  • Work with medical experts and industrial hygienists to prove the exposure occurred and caused the diagnosed illness
  • Navigate complex statutory requirements and deadlines
  • Coordinate multiple claims against different responsible parties, including third-party lawsuits and Social Security Disability claims. For example, large-scale toxic exposure incidents may result in class action or mass tort litigation against responsible parties other than your employer.
  • Negotiate a settlement

Taking Action: Your Next Step is to Call Our Occupational Disease Lawyer and See if We Will Accept Representation

 

Occupational diseases represent some of the most challenging workers’ compensation cases, but they’re also among the most important. These conditions often develop silently over years or decades, robbing you of your health and livelihood through no fault of your own.

 

Virginia law recognizes the rights of workers injured by occupational diseases and provides avenues for compensation and justice. But exercising these rights and succeeding in a claim present challenges.

 

If you’re facing an occupational disease, you don’t have to fight alone. Skilled legal representation is often the difference between a denied claim and the full compensation you deserve.

 

As a Virginia occupational disease attorney, Corey Pollard dedicates his practice to helping workers navigate these complex claims and secure the benefits they deserve. With extensive experience in occupational disease cases, including asbestos-related diseases, chemical exposures, repetitive stress injuries, and other work-related illnesses, our firm understands what it takes to build winning cases.

 

Don’t let an occupational disease destroy your future. Contact our office today at (804) 251-1620 to schedule a free consultation.

 

Your health matters. Your rights matter. Your future matters. Take the first step toward justice today.