Occupational cancer claims
Carcinogens from past work could be the cause of your cancer today.
We look into what work you did in the past and which carcinogens you were exposed to.
What is occupational cancer?
Occupational cancer is cancer caused by carcinogens or other hazards you were exposed to at work. Because it can be diagnosed long after exposure, we look into your past work history and the hazardous substances involved. A claim covers the "primary cancer," where the cancer first started as confirmed by pathology and other tests. Coverage for cancer that has spread to other organs can be sought after the primary cancer is recognized as work-related.
Hazards by cancer type
Each type of cancer has different hazardous substances and exposure routes.
Below are examples of major hazards and jobs. You need to prove what work you did, what hazardous substances you were exposed to, and how intense the exposure was.
Lung cancer
Asbestos, crystalline silica, welding fumes, diesel exhaust, hexavalent (6+) chromium, nickel, and more
Malignant mesothelioma
Asbestos exposure from handling or removing asbestos, or from nearby work
Leukemia and myelodysplastic syndrome
Exposure to benzene, ionizing radiation, and similar agents, and the specific subtype of blood cancer
Lymphoma and multiple myeloma
The specific ingredients of chemical products and pesticides you handled, and any radiation exposure
Bladder cancer
Exposure to benzidine, beta-naphthylamine, ortho-toluidine, and others in dye, rubber, and similar work
Kidney cancer
Exposure to trichloroethylene and other cleaning solvents, and the exact site of the tumor
Nasal and paranasal sinus cancer, nasopharyngeal cancer
Wood and leather dust, nickel compounds, formaldehyde, and others, and how they relate to where the cancer developed
Laryngeal and ovarian cancer
Asbestos exposure, plus other hazards such as strong inorganic acid mists for laryngeal cancer
Liver cancer, hepatic angiosarcoma, bile duct cancer
Identify the specific cancer type and check exposure to related substances such as vinyl chloride and 1,2-dichloropropane
Skin cancer
Long-term outdoor work, and exposure to arsenic, soot, and untreated or mildly treated mineral oils
Thyroid, breast, and bone cancer
Ionizing radiation exposure, dose, age at exposure, and more
You need to prove what work you did, what hazardous substances you were exposed to, and how intense the exposure was.
Proving work history and exposure
We look into what work you did, for how long, and your exposure to hazardous substances.
Where you worked and what you did
We list how long you worked at each workplace, the processes you handled, and the products and equipment you used. Beyond direct handling, we check exposure from nearby processes and from equipment maintenance, cleaning, and demolition.
What the work environment was like then
We get work environment monitoring results, Material Safety Data Sheets (MSDS), special health exam records, and process and equipment records. Today's measurements can't simply be applied to past working conditions.
Time between exposure and onset
We confirm the cancer type through pathology. We look at how much time passed from first exposure to onset, how much repeated and cumulative exposure there was, and whether other risk factors were present.
What is an MSDS? It's a document that shows a product's ingredients and hazards.
Workers' comp benefits by situation
We represent workers in treatment and the families of workers who have died.
Once the claim is approved, we check the requirements for benefits covering treatment, time off work, disability, and death, and file for them.
If you need treatment
We claim medical care benefits to cover treatment for cancer recognized as work-related.
If you couldn't work because of treatment
We check the requirements for temporary disability (lost-wage) benefits for the time you couldn't work during treatment.
If there's a lasting disability or a death
We separately check the requirements for each benefit, such as permanent disability benefits and survivors' benefits.
Even if the worker never filed an occupational cancer claim while alive, the family can file for survivors' benefits within 5 years of the death. We need to look at when the cancer was first diagnosed and the course of treatment.
Sobaek's practice areas
We look into past working conditions and represent you in your occupational cancer claim.
- STEP 01
Confirm cancer type and work history
We review your medical certificate and pathology results, and lay out the work you did at each workplace and your history of exposure to hazardous substances.
- STEP 02
File the claim and prove work-relatedness
We represent you in claims for medical care benefits and survivors' benefits. We get records of past working conditions to prove your work history and exposure to hazardous substances. We submit records to KCOMWEL and explain your work during the work history investigation and the work-relatedness evaluation.
- STEP 03
Requests for review and reconsideration of claim denials
We check the decision to see what KCOMWEL didn't accept: the cancer type, the substance, or the level or length of exposure. We challenge work left out of the investigation or findings that got the facts wrong, with evidence.
Frequently asked questions
Find answers to your questions before a consultation.
I retired a long time ago. Can I still file if I've just been diagnosed with cancer?
Cancer has a latency period. It varies by cancer type, and from person to person. You can file a workers' comp claim even if you were diagnosed after you retired.
Does smoking or a family history rule out a workers' comp claim?
Even if you smoked or have a family history, your claim can be approved if your work contributed to the cancer.
The company shut down and I can't get records of the work environment. What can I do?
We review a range of records, including data from similar workplaces, epidemiological studies, and past approved cases.
I did similar work at several companies. Which company's work history should I submit?
We need to review your entire work history, from your earliest jobs up to your cancer diagnosis.
Can I file even if none of my coworkers who did the same work got cancer?
Yes. Occupational cancers tend to occur more often in certain jobs and trades, but people also differ.
The worker died before filing a claim. Can the family file?
Yes. The family can file for survivors' benefits within 5 years (the statute of limitations) of the date of death.
If I handled carcinogens, does any type of cancer count?
No. The evidence and strength of cancer risk differ by cancer type, and you need to prove specifically how you were exposed to the substance.
Request a consultation on a workers' comp or labor case
Occupational cancer claims: get a consultation.
Tell us your cancer diagnosis and the work you did in the past. We'll base the consultation on the medical records and work history you have.
You can also email us directly
For corporate advisory work, new cases, or meeting requests,
email us at the address below.