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Back to all postsWorkers Compensation claims cover a multitude of different injuries and illnesses. These claims can be complicated and can take time to navigate through. However, some injuries are simpler than others. For example, single incident injuries like a lifting injury have much clearer liability than an occupational disease claim. Understanding occupational disease claims and the Montana work comp system is vital to obtaining benefits.
An occupational disease, also known as an occupational illness, is defined in Montana Code Annotated § 39-71-116 as “harm, damage, or death arising out of or contracted in the course and scope of employment caused by events occurring on more than a single day or work shift.” Events such as repetitive motions, exposure to chemicals or toxins, prolonged work related activities, etc. can cause you to develop conditions and diseases that may qualify you to file a Workers Compensation claim.
Specific examples of occupational diseases include:
- Carpal tunnel syndrome from repetitive hand motions like typing, mechanic work, or any other actions that require repetitive hand/wrist movement.
- Respiratory diseases from breathing in dust, fumes, chemicals, and toxins while on the job.
- Skin disorders resulting from contact with hazardous substances.
- Asbestosis and mesothelioma from asbestos exposure.
- Hearing loss due to prolonged exposure to high noise levels.
- Lead poisoning from exposure to lead.
- Musculoskeletal degenerative diseases from wear and tear on your joints, this can include arthritis, degenerative disc disease, etc.
It is important not to confuse workplace injuries with occupational diseases. As defined previously, occupational disease happen over the course of multiple shifts. Injuries on the other hand are single, specific incidents that typically happen during a work shift. It is likely that your approach to filing a work comp claim and handling a workers’ comp claim are going to change depending on whether you sustained an injury or an occupational disease.
Filing an Occupational Disease Claim
Filing a claim for an occupational disease works a little differently than filing for a workplace injury. With a single incident injury, the date is obvious. With an occupational disease, symptoms build over months or even years. Because of this, Montana law gives you one year to present a written claim. It can go to your employer, their insurer, or the Montana Department of Labor & Industry. The clock starts when you first knew, or should have known, that your condition resulted from an occupational disease.
A medical diagnosis is the backbone of these claims. You will need a licensed physician to connect your condition to your job duties or working conditions. Once you have that diagnosis, give notice to your employer. Your employer will often file the claim for you, but not always. You can also file yourself with the Employment Relations Division of the Montana Department of Labor & Industry. We covered this step by step in our post on the work comp claims process.
What Benefits Can You Receive?
Occupational disease claims provide the same benefits as other workers’ compensation claims. These include medical benefits, wage loss and indemnity benefits, and vocational rehabilitation benefits if you cannot return to your previous line of work. In the most tragic cases, death benefits are available for surviving family members.
Why These Claims Can Be Difficult
Occupational disease claims tend to be harder to prove than single incident injuries. Since these conditions develop slowly, an insurer may argue your disease came from aging, lifestyle, or a previous job instead of your current employment. Strong medical evidence pushes back on that. Keep records of your symptoms, report concerns to your doctor early, and be specific about your job duties at every appointment. Proving the link between your work and your illness is the heart of the claim, and it is worth getting right.
Call Rasmusson Law Offices, PLLC today at (406) 549-3323 to start with a free consultation.
Frequently Asked Questions
What’s the difference between an occupational disease and a regular workplace injury in Montana workers’ comp?
An injury happens in a single, specific incident during a work shift, like a lifting injury. An occupational disease develops from events happening over more than one day or shift, things like repetitive motions, chemical exposure, or prolonged strain. Montana law treats them differently, so how you file and prove your claim depends on which one you’re dealing with.
What counts as an occupational disease under Montana law?
Montana Code Annotated § 39-71-116 defines it as harm or illness arising from work that happens over more than one day or shift. Common examples include carpal tunnel from repetitive hand motions, respiratory disease from dust or fumes, hearing loss, lead poisoning, asbestosis and mesothelioma, and degenerative joint conditions like arthritis.
How long do I have to file an occupational disease claim in Montana?
You have one year from when you knew, or reasonably should have known, that your condition was caused by your job. That’s different from an injury claim, where the date is obvious. Since occupational diseases build up over months or years, that clock starts at the point of awareness, not the point of first exposure.
What benefits can I get from an occupational disease claim?
Occupational disease claims come with the same benefits as any other workers’ comp claim: medical benefits, wage loss and indemnity benefits, and vocational rehabilitation if you can’t go back to your old line of work. In the worst cases, death benefits are available for surviving family. You’ll need a licensed physician to connect your diagnosis to your job duties first.
Why are occupational disease claims harder to win than injury claims?
Because the condition develops slowly, insurers often argue it came from aging, lifestyle, or a previous job instead of your current one. Strong medical evidence is what pushes back on that. Keep records of your symptoms, bring up concerns with your doctor early, and be specific about your job duties at every appointment.