Workers’ Compensation insurance is designed to cover your employees who suffer injury or illness in the workplace.  Many of these policies and/or state programs in those jurisdictions that have a monopolistic workers’ compensation system, designate particular covered occupational diseases.  As a general proposition, in order for a non-scheduled occupational disease to be deemed compensable, the policyholder must provide expert testimony to establish that the claimant contacted the illness in the course of his or her employment, the illness is particular to the claimant’s employment by its cause and the characteristics of its manifestations or the conditions of employment resulting in a hazard distinguishing the employment and the character of the employment from that of the general public, and the claimant’s employment created a risk of contracting the illness to a greater degree and in a different manner from the public generally.  As such, each claim should be considered on a separate case by case basis.  Obviously, claims arising from a person’s employment such as a healthcare worker and first responder may require a more rigorous analysis.

Jump to Page

By using this site, you agree to our updated Privacy Policy and our Terms of Use