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Occupational Diseases 101

An occupational disease 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.”

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Workers 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.

Lung x-ray image.

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.

Call Rasmusson Law Offices, PLLC today at (406) 549-3323 to start with a free consultation.