What is an Occupational Disease?

An occupation disease is an infection or disease that arises naturally and proximately out of employment. RCW 51.08.140.

When must you file an L&I claim for an occupational disease?

An occupational disease claim must be filed within two years, (the occupations disease statue of limitations).

When does the two years begin to run? It starts the day a physician or a nurse practitioner gives written notice to the worker of:
 a) the existence of the disease, and
 b) that a claim for disability benefits may be filed.
See the occupational disease statute of limitations for exact details; RCW 51.28.055.

Many persons actually have a lifetime or longer to file their occupation disease claims, because seldom does the two years begin to run. Occupational diseases can be obvious, but most, due to the long latency period, are difficult or nearly impossible to spot. Many valid occupational disease claims are never filed because the connection between work and disease is not recognized or because many persons just don’t know their rights.

Even after death a spouse can still file an occupational disease claim for the deceased.

Examples of occupational diseases include:

• breathing cedar dust and getting woodworker’s lung
• working with asbestos and getting mesothelioma, asbestosis, or lung cancer
• breathing or touching solvents such as MEK or toluene and getting dermatits or liver and kidney damage
• breathing benzene fumes and contracting acute myelogenous leukemia (AML) or kidney cancer.