A Guide to Workers’ Comp for Occupational Cancer in Colorado
Learn about common carcinogens, high-risk jobs, and how to claim workers’ comp benefits in Colorado for occupational cancer
While some workplace risks like falls from heights or machinery accidents can be obvious, the hidden danger of occupational cancer often goes unnoticed. The reality is that many Denver workers are exposed to hazardous chemicals and substances that can silently lead to cancer, with devastating effects emerging years later.
In this article, we’ll take an in-depth look at this serious threat, examining the common carcinogens found in Denver workplaces, the occupations most at risk, and the essential rights of workers to seek workers’ compensation benefits if they’re diagnosed with occupational cancer.
What is occupational cancer?
Occupational cancer refers to cancer that is caused by exposure to carcinogens in the workplace. These carcinogens can pose serious health risks, especially with long-term exposure.
Examples of substances commonly linked to job-related cancer in Colorado workers include:
- Asbestos. Widely used in construction and manufacturing, asbestos is strongly linked to lung cancer and mesothelioma.
- Benzene. Found in oil refineries, chemical plants, and gasoline, benzene is linked to leukemia and other blood cancers.
- Silica dust. Common in mining, construction, and masonry, silica dust can lead to lung cancer when inhaled.
- Formaldehyde. Used in manufacturing, embalming, and certain lab environments, formaldehyde is associated with cancers of the nose, throat, and lungs. This chemical is released from burning wood, plastics, and other materials, making firefighters particularly vulnerable.
- Diesel exhaust. Workers in transportation and construction who are exposed to diesel fumes are at higher risk for lung cancer.
- Radon. Found in underground mining and certain industrial settings, radon can lead to lung cancer.
- Arsenic. Commonly found in pesticides, mining, and wood preservatives, arsenic is linked to skin, lung, and bladder cancers.
- Chromium compounds. Used in welding, painting, and chrome plating, chromium compounds are linked to lung cancer.
- Nickel compounds. Common in metalworking and foundries, nickel is associated with lung and nasal cancers.
- Pesticides. Workers in agriculture who are exposed to certain pesticides are at increased risk for cancers, such as lymphoma and leukemia.
The type of cancer that develops depends on the specific substance in the workplace and how workers are exposed to it (inhalation, skin contact, etc.).
Globally, approximately 2-8% of all cancers are linked to exposure to carcinogens in the workplace, according to the National Institute for Occupational Safety and Health (NIOSH).
When To Hire a Colorado Workers’ Comp Lawyer
These key factors could mean it’s time to reach out to a workers’ compensation attorney for help with your claim.
Which occupations have the highest risk of cancer?
Certain occupations carry a higher risk of cancer due to exposure to carcinogens in the workplace. Colorado workers most at risk include:
- Welders
- Painters
- Chemical and furniture manufacturing workers
- Hairdressers
- Shipyard workers
- Mechanics
- Rubber industry workers
- Asphalt workers
- Textile workers
Strict safety protocols and protective measures are essential to reduce the risk of cancer in these occupations. These include the use of personal protective equipment (PPE), regular health screenings, proper ventilation, and minimizing direct exposure to harmful substances.
Did you know?
According to the U.S. Fire Administration, firefighters face a 9% greater risk of developing cancer and a 14% higher risk of dying from cancer compared to the general population.
Can I get workers’ compensation for occupational cancer in Colorado?
Yes, most Colorado workers who are designated as employees (not independent contractors) who develop occupational cancer are eligible for workers’ compensation as long as they can prove their cancer is a direct result of their exposure to harmful substances or conditions at their workplaces.
To file a claim, you will need to provide medical evidence linking your cancer to your job and show that your exposure occurred during the course of your employment.
Is it hard to prove that cancer is work-related?
It can be, depending on your occupation and the type of cancer you develop. To establish a direct link between your cancer and workplace exposure, you typically need strong evidence such as:
- A medical opinion from a doctor linking your specific cancer to the hazardous substances you were exposed to at work.
- Proof of workplace exposure, such as documentation showing that you were regularly exposed to known carcinogens in your workplace, including reports on the presence of hazardous substances or safety violations.
- Employment records that demonstrate the length of time you worked in the environment with those exposures.
- Expert testimony from specialists in occupational health, toxicology, or industrial safety who can explain the connection between your cancer and workplace conditions.
Because cancer develops over time and can have multiple causes, including lifestyle choices, it’s advisable to consult with a local Colorado workers’ compensation attorney who has experience with occupational diseases like cancer to help you navigate the process and increase your chance of a successful claim.
How long do I have to file for workers’ comp after being diagnosed with occupational cancer?
In Colorado, you generally have 2 years from the date you were diagnosed with an occupational illness or disease to file a workers’ compensation claim. However, it’s important to notify your employer as soon as possible after receiving a diagnosis, typically within 10 days, or you may become ineligible for benefits.
What benefits can I get from workers’ comp for job-related cancer?
If your workers’ compensation claim for occupational cancer is approved, you may be eligible for several types of benefits, including:
- Medical benefits. Full coverage for all necessary treatments, including surgeries, medications, doctor visits, and rehabilitation.
- Wage replacement benefits. You can receive benefits for lost wages if you’re unable to work, either as total disability (if you cannot work at all either temporarily or permanently) or partial disability (if you’re able to work but only in a reduced capacity). These benefits typically equal two-thirds of your average weekly wage.
- Vocational rehabilitation benefits. These benefits provide training support if you’re unable to return to your previous job and need to transition into a different role or career.
- Death benefits. If your occupational cancer results in your death, your dependents are entitled to death benefits, which can include funeral expenses and ongoing financial support.
The amount of benefits you can receive will depend on the seriousness of your illness and how it impacts your ability to work moving forward.
Get help from an experienced Colorado work injury attorney
If you or a loved one has developed cancer from your job, having the right legal support can make a significant difference in securing the benefits you deserve. The process of proving occupational cancer and navigating workers’ comp can be complex, and it’s crucial that you understand how much your claim is worth before accepting a lump-sum or structured settlement offer from the insurance company.
At Babcock Tucker, our experienced Denver workers’ compensation attorneys are dedicated to helping injured Colorado workers get the full benefits they’re entitled to after suffering a work-related injury or occupational disease like cancer. We can compile the necessary medical evidence, connect you with medical experts, and handle the negotiations with the insurance company so you can focus on your health and recovery.
Contact Babcock Tucker today for a free consultation, and let us help you get maximum compensation for your claim.
References
CDC. (2024). Occupational Cancer. Cancer. https://www.cdc.gov/niosh/cancer/about/index.html
Impact of Occupational Cancer. (2022). U.S. Fire Administration. https://www.usfa.fema.gov/about/usfa-events/2022-10-11-usfa-summit/firefighter-cancer/
