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How to File a Claim for Illness Due to Occupational Exposure
When our jobs expose us to harmful substances or unsafe environments, it can lead to serious health conditions. As Kansas workers compensation lawyers, we’ve helped countless clients who didn’t realize their daily tasks could cause long-term damage.
Filing a claim for occupational illness in Wichita, Kansas, isn't always straightforward, but knowing what steps to take and how to prepare can make a meaningful difference in your case.
Below, our team at Slape & Howard has broken down how Kansas workers can file a claim for illness caused by workplace exposure, what evidence matters, and how we help clients protect their rights throughout the process.
Recognizing Signs of Work-Related Illness
Occupational exposure often involves contact with hazardous materials or repeated conditions that damage health. Some illnesses show up quickly, while others take years. If you work around chemicals, dust, mold, or unsafe air quality, it’s worth keeping track of symptoms such as:
Persistent coughing or breathing problems
Skin irritation or rashes
Chronic headaches or fatigue
Abdominal pain or digestive issues
Neurological symptoms like memory loss or confusion
We’ve seen workers brush off symptoms until they get worse. If you suspect your job is affecting your health, speak with a medical provider right away. A delay can hurt your claim, and timely medical documentation is critical.
What's the Link Between Exposure and Illness?
In Kansas, proving your illness is job-related is a key part of your claim. It’s not enough to show that you’re sick — we need to show that your working conditions caused or significantly contributed to your condition.
Some common workplace exposures that result in claims include:
Asbestos: Causes mesothelioma, lung cancer, and asbestosis
Silica dust: Leads to silicosis, a serious lung disease
Chemical fumes or solvents: Can damage lungs, kidneys, and the nervous system
Biological agents: Mold, bacteria, or viruses in the workplace
Repetitive stress or posture issues: Can cause chronic pain or musculoskeletal disorders
A strong claim often includes both medical evidence and detailed records of your work environment. We work closely with doctors and occupational health experts to draw a clear line between the exposure and the illness.
Reporting the Illness to Your Employer
Kansas law gives workers 20 days to report a workplace illness or injury to their employer. That clock usually starts from the date you discovered your illness was work-related — not necessarily when you first had symptoms. If you miss that window, your claim could be denied.
When you report your illness:
Tell your supervisor in writing
Include the date you noticed the issue
Describe the symptoms and suspected cause
Request medical attention
We recommend keeping a copy of your report. Some employers handle these claims in good faith, but others may try to deny they ever received notice.
Seeking Medical Treatment and Documentation
Once your employer has notice of the illness, they’re supposed to provide access to a designated healthcare provider. This is where many cases go wrong — workers either delay care or don’t know they’re allowed to get a second opinion.
Here’s what we recommend:
Keep all appointment records
Save test results, prescriptions, and diagnoses
Make note of any restrictions on your daily activities
Write down what your doctor says about the cause of your illness
If your doctor agrees the illness is linked to your job, ask for that in writing. The more documentation we have, the stronger your case.
Filing A Workers Comp Claim in Kansas
To officially seek benefits, we’ll file a claim with the Kansas Division of Workers Compensation. This involves filling out a form called an Application for Hearing, which is the start of the legal process if the employer or insurer disputes the claim.
We help our clients gather the following:
A full medical history
Work history showing potential exposure
Witness statements from coworkers, if relevant
Safety reports or OSHA violations from the worksite
Pay stubs and job descriptions
The more we can show that your workplace created the conditions for your illness, the better your chances for approval. A knowledgeable workers compensation lawyer can help you avoid pitfalls that might otherwise delay or damage your claim.
What Benefits Are Available for Occupational Illness?
If your claim is accepted, Kansas law allows for several types of benefits. These are designed to cover both immediate and long-term losses.
If your claim is accepted, Kansas law allows for several types of benefits. These are designed to cover both immediate and long-term losses.
Medical expenses: All necessary treatment related to the illness should be covered. This includes hospitalization, surgery, prescriptions, and rehabilitation. There are no out-of-pocket costs when care is authorized through the workers' compensation system.
Wage replacement: If you're unable to work temporarily or permanently, you may receive weekly compensation based on a percentage of your average wage. These payments help bridge the financial gap while you recover or adjust to new limitations.
Permanent disability: For chronic or irreversible illness, you may be entitled to a settlement or ongoing benefits based on your level of disability. The amount depends on medical evaluations, functional limitations, and how your condition affects your ability to work.
Vocational rehabilitation: If you can no longer perform your previous job, you may qualify for retraining services. This can include tuition, job placement assistance, and support as you transition to a new career.
We make it our goal to pursue every benefit available and hold the insurer accountable when they underpay or deny legitimate claims.
When You Might Also Have a Third-Party Claim
workers compensation is usually the exclusive remedy for work-related illness, meaning you can't sue your employer directly. However, if another party contributed to your exposure, we may be able to file a third-party personal injury claim in addition to the workers compensation case.
For example:
A contractor improperly used hazardous materials
A manufacturer failed to warn of chemical dangers
A landlord failed to maintain safe work conditions in a rented space
Third-party claims may provide additional compensation for pain and suffering — something workers comp does not cover. We'll evaluate your case to see if this option applies.
How Long Does the Process Take?
Occupational exposure claims can take months or longer to resolve. The timeline depends on:
How quickly the illness is diagnosed
Whether the employer or insurer contests the claim
The availability of supporting medical opinions
Any hearings or appeals required
We aim to keep clients informed at every step and work to move things forward without unnecessary delays. While no two cases are alike, having a workers compensation lawyer involved often speeds up the process and improves results.
What If the Employer Denies the Claim?
Unfortunately, denials happen often — especially when the illness isn’t widely recognized or the symptoms take years to appear. We frequently see employers argue that the illness came from personal habits or unrelated conditions.
When that happens, we take the following steps:
Request an independent medical examination (IME)
Challenge the employer’s evidence
Represent you at the preliminary hearing
Pursue an appeal if needed
You don’t have to face this alone. Our workers compensation appeals lawyer can help you respond quickly, collect stronger evidence, and push back against tactics that limit your rights.
Contact Us Today
As experienced workers compensation lawyers serving Wichita, Kansas, we’re ready to listen, investigate your situation, and take steps to protect your future. You don’t have to prove everything on your own. Let’s talk about what happened and build a strategy to hold the right people accountable. Call Slape & Howard today to learn more.