Latest / BSPE Legal Marketing Podcast / What Counts as an Occupational Disease Under Pennsylvania's Workers' Compensation Act (77 P.S. § 27.1)? - Luxenberg Garbett Kelly & George P.C.
Transcript
- 0:00What Counts as an Occupational Disease Under Pennsylvania's Workers' Compensation Act (77 P.S. § 27.1)?
- 0:07When a job slowly makes you sick, Pennsylvania law may entitle you to compensation, but proving that connection requires understanding exactly how the law defines an occupational disease.
- 0:19Pennsylvania's Workers' Compensation Act under Section 108 covers both specifically listed diseases tied to particular workplace exposures and unlisted diseases that qualify under a broader general test.
- 0:32Listed diseases include silicosis from silicon dioxide dust, asbestosis and asbestos-related cancer, coal workers' pneumoconiosis, byssinosis from cotton dust, chemical and metal poisonings, and certain occupational skin conditions.
- 0:47For silicosis, asbestosis, and coal workers' pneumoconiosis, Section 301(d) requires at least two years of aggregate Pennsylvania employment during the ten years before disability in a job involving that hazard.
- 1:02When a disease is not specifically named in the statute, a worker can still qualify under Section 108(n) by proving employment exposure, a causal link to the industry, and that the disease occurs substantially more often there than in the general population.
- 1:17Pennsylvania law also creates rebuttable presumptions that protect certain workers, meaning the disease is presumed work-related unless the employer comes forward with substantial, competent evidence to the contrary.
- 1:31Firefighters with four or more years of service may have heart disease, lung disease, or cancer presumed to arise from their duties when specific statutory conditions, including exposure to a Group 1 carcinogen, are satisfied.
- 1:45Healthcare workers, blood processors, and emergency responders may benefit from a rebuttable presumption for hepatitis C under Section 108(m.1) when their occupation involved exposure to that disease.
- 1:58Proving an occupational disease claim demands unequivocal medical evidence, a detailed occupational history, exposure documentation such as safety data sheets and air-monitoring results, and often expert testimony connecting the diagnosis to workplace conditions.
- 2:14Employment records, coworker testimony about ventilation and protective equipment, pathology reports, and epidemiological studies all play a role in building a compelling claim before a Workers' Compensation Judge.
- 2:27A skilled attorney at Luxenberg Garbett Kelly & George P.C. can reconstruct your exposure history, secure medical causation opinions, and appeal any denials before the Workers' Compensation Appeal Board on your behalf.
- 2:41This law firm, with Pennsylvania workers' compensation lawyer Lawrence M. Kelly and attorney Joseph A. George, has experience representing injured workers with complex occupational disease claims from the very first filing through final resolution.
- 2:56Call Luxenberg Garbett Kelly & George P.C. at 724, 658, 8535, located at 315 N Mercer St, New Castle, PA 16101, United States, to schedule your free consultation and get the guidance your case deserves today.