What is an occupational disease?
Arizona defines occupational diseases as conditions due to "causes and conditions characteristic of and peculiar to a particular trade, occupation, process or employment, and not the ordinary diseases to which the general public is exposed..."
Essentially, occupational diseases are an expected condition of a particular industry that come from exposure over longer periods of time.
There are six elements for an occupational disease to be accepted: there's a direct causal connection between the connections the conditions which the work is performed and the occupational disease, the disease is a natural incident of the work, the disease can be fairly traced to employment, the disease does not come from a hazard to which someone would be exposed to outside of their employment, the disease is incidental to the character of the business and the disease comes from a risk connected to the employment. These are all listed in the statute which is A.R.S. 23-901.01.
Please feel free to contact our office with any questions or comments about this subject. We do offer free consultations for workers' compensation cases. We provide a beacon of light to individuals injured on the job and in need of disability benefits.
Matt C. Fendon, Esq.
Board Certified Worker's Compensation Attorney by State Bar of Arizona