Filing For Workers Compensation In Vermont For An Occupational Disease

by | Mar 28, 2018 | Lawyers

In Vermont, occupational diseases are the result of exposure to harmful substances in the workplace. Typically, the diseases are produced due to a failure of the employer to remove hazards from the workplace. At the first sign of an occupational disease, the workers must receive a proper diagnosis. A claim for Workers Compensation in Vermont is filed to cover the cost of medical requirements.

Asbestos and Occupational Diseases

Asbestos is a common substance that leads to occupational diseases. The materials were used in commercial property construction for mills, factories, and shipyards. The building materials lead to the distribution of asbestos dust throughout the building via the ventilation system. The result of exposure to asbestos is mesothelioma.

What is Mesothelioma?

A mesothelioma is a rare form of lung cancer that is potentially fatal. Like most cancers, if it is diagnosed at an earlier stage, the individual has a greater chance of survival. Unfortunately, the disease is often discovered at a later stage when the workers are showing more signs and symptoms.

What Happens if Workers are Diagnosed?

Once a diagnosis of mesothelioma is provided, OSHA launches an investigation of the commercial property. The findings determine if the employer didn’t follow newer regulations related to asbestos building materials. The regulations were changed in the early 1980s and require property owners to remove the building materials to avoid risks. Employers who fail to eliminate the products from their property are liable if workers develop mesothelioma.

What are the Responsibilities of the Employer?

The employer is required to pay the total cost of all medical treatment for mesothelioma. The worker received funds to replace their wages while they recover. If the employee is terminal, the employer must provide the worker and their family with lifetime wages based on the worker’s current pay rate. The employer acquires the benefits for their worker through worker’s compensation. If the worker is denied, the worker or their family could find a legal claim against the employer.

In Vermont, occupational diseases are the result of a failure to mitigate risks outlined in employee safety regulations. Employers who fail to protect their workers could be deemed liable for the development of the disease. Workers who were denied Workers Compensation in Vermont contact McVeigh Skiff LLP now.

Latest Articles