What Counts as an Occupational Disease Under Pennsylvania’s Workers’ Compensation Act (77 P.S. § 27.1)?

Pennsylvania’s Workers’ Compensation Act defines occupational disease by listing specific diseases tied to particular exposures or occupations and by providing a catch-all rule for other diseases. Under Section 108(n), an unlisted disease may qualify when the worker proves employment exposure, a causal relationship to the industry or occupation, and an incidence substantially greater in that industry or occupation than in the general population.

At Luxenberg Garbett Kelly & George P.C., Pennsylvania workers’ compensation attorneys Lawrence M. Kelly and Joseph A. George represent injured workers with occupational disease claims. Our team files claim petitions, reconstructs exposure history from employment and product records, obtains medical causation opinions, and appeals denials before the Workers’ Compensation Appeal Board.

This guide explains how Pennsylvania law defines occupational disease, which conditions carry a legal presumption, how to prove causation, what deadlines apply, and what benefits are available. If you were diagnosed with a work-related illness, call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 to schedule a free consultation.

What Is an Occupational Disease Under Pennsylvania Law?

Section 108 of the Pennsylvania Workers’ Compensation Act covers both specifically listed occupational diseases and certain diseases not expressly named in the statute. The requirements for a claim depend on which category the disease falls under.

Diseases Listed by Statute

Section 108 identifies specific diseases and links them to particular workplace exposures or occupations. These include silicosis involving exposure to silicon dioxide dust; asbestosis and cancer resulting from exposure to asbestos dust; coal workers’ pneumoconiosis involving coal-dust exposure; byssinosis involving cotton dust, materials, or fibers; specified chemical poisonings; and certain occupational skin conditions.

Some listed diseases have additional requirements. For silicosis, anthraco-silicosis, coal workers’ pneumoconiosis, and asbestosis, Section 301(d) requires at least two years of aggregate Pennsylvania employment during the 10 years preceding disability in an occupation involving the relevant hazard.

The statute also addresses diseases associated with specific occupations. Tuberculosis, serum hepatitis, infectious hepatitis, and hepatitis C are listed for blood processors, fractionators, nursing, and auxiliary services involving exposure to those diseases.

The General “Occupational Disease” Test

Diseases not specifically listed can qualify under Section 108(n). The worker must prove that the employment exposed them to the disease, the disease is causally related to the industry or occupation, and the disease occurs substantially more often in that industry or occupation than in the general population.

Employment and exposure records, medical evidence, and epidemiological evidence can help establish these elements.

What Diseases Qualify as Occupational Under Section 27.1?

Section 108 covers diseases associated with specific workplace exposures and occupations. The statute identifies several categories of occupational disease, including:

• Silicosis: A lung disease associated with exposure to silicon dioxide dust in occupations where workers inhale silica-containing dust.
• Coal workers’ pneumoconiosis: A lung disease associated with occupational exposure to coal dust, particularly in coal mining and related work.
• Asbestosis and asbestos-related cancer: Diseases associated with occupational exposure to asbestos dust, including asbestosis and cancers resulting from that exposure.
• Byssinosis: A respiratory disease associated with exposure to cotton dust, materials, or fibers in textile-related work.
• Chemical and metal poisoning: The statute identifies poisoning involving substances such as arsenic, lead, mercury, manganese, beryllium, and other specified chemicals.
• Occupational skin conditions: Certain skin diseases caused by workplace exposure to oils, cutting compounds, lubricants, dust, liquids, fumes, gases, or vapors are also included.

Section 108 also covers certain diseases associated with specific occupations, including specified infectious diseases involving blood processing, nursing, and related services.

Diseases not specifically listed can qualify under Section 108(n). An unlisted disease must be linked to the worker’s employment and occur substantially more often in that industry or occupation than in the general population.

Which Occupational Diseases Are Presumed in Pennsylvania?

Section 301(e) creates a rebuttable presumption for an established occupational disease when the worker was employed, at or immediately before the date of disability, in an occupation or industry where that disease was a hazard. When the presumption applies, the disease is presumed to have arisen from that employment.

The employer can rebut the presumption with substantial, competent evidence. The Workers’ Compensation Judge then weighs the evidence and determines whether the disease was work-related.

Pennsylvania law also provides specific protections for certain workers and diseases:

• Hepatitis C: Section 108(m.1) provides a rebuttable presumption for hepatitis C in specified firefighting, emergency response, law enforcement, and correctional occupations involving exposure to the disease.
• Heart and lung diseases in firefighters: These diseases are listed for firefighters with four or more years of service when caused by extreme overexertion during times of stress or danger or by exposure to heat, smoke, fumes, or gases arising directly from firefighting duties.
• Cancer in firefighters: Section 301(f) applies when a firefighter has completed four or more years of continuous firefighting duties, was directly exposed to a Group 1 carcinogen identified in Section 108(r), and had a physical examination showing no evidence of cancer either before asserting the claim or before beginning firefighting duties. 

A cancer claim can be filed within 600 weeks after the last date of employment involving exposure to the hazard, but the firefighter cancer presumption applies only to claims made within the first 300 weeks.

How Do You Prove an Occupational Disease Claim?

Proving an occupational disease claim requires evidence connecting the disease to the worker’s employment. When that connection is not obvious, the claimant must present unequivocal medical evidence establishing the causal relationship.

A detailed occupational history helps establish the nature and duration of the workplace exposure and gives the medical expert a factual basis for evaluating causation and addressing other possible causes.

Evidence used to support an occupational disease claim includes:

• Employment records: Dates, job titles, departments, and work locations showing where and how long the worker was exposed to the occupational hazard.
• Exposure documentation: Safety data sheets, product records, industrial hygiene surveys, air-monitoring results, and information about workplace protective measures.
• Medical records: Diagnostic imaging, pulmonary function studies, blood tests, biomarker testing, pathology reports, and other records documenting the disease.
• Expert medical evidence: Reports or testimony connecting the diagnosed disease to the documented workplace exposure and addressing other potential causes.
• Coworker testimony: Statements from coworkers describing workplace conditions, exposure levels, ventilation, and protective equipment.
• Epidemiological evidence: Studies or other evidence showing that the disease occurs substantially more often in the worker’s industry or occupation than in the general population.

The employer can request a physical examination by an appropriate health care provider selected and paid by the employer. The examining provider can offer a different opinion about the worker’s diagnosis, disability, or the cause of the disease.

Workers’ Compensation Attorneys in Western Pennsylvania – Luxenberg Garbett Kelly & George P.C.

What Are Pennsylvania’s Deadlines for These Claims?

Pennsylvania occupational disease claims are subject to several deadlines involving notice, disability, and filing. Under Section 311, a worker must notify the employer within 21 days to receive compensation from the date of disability. Notice given after 120 days bars compensation unless the employer already knew of the condition.

For occupational diseases that are not immediately recognized, the notice period starts when the worker knows, or through reasonable diligence should know, of the disease and its possible connection to the employment.

Section 301(c)(2) imposes a separate time limit on when disability or death from an occupational disease must occur. The disability or death must occur within 300 weeks after the worker’s last date of employment in the occupation or industry involving exposure to the hazard.

Some asbestos-related diseases do not become disabling until after this 300-week period. In Tooey v. AK Steel Corp., the Pennsylvania Supreme Court held that an occupational disease manifesting outside the 300-week period falls outside the Workers’ Compensation Act, so the Act’s exclusivity provision does not bar a common-law action against the employer.

Deadline	Timeframe	What it applies to
Notice to employer for benefits from date of disability	21 days from date of disability	Compensation from the date of disability
Notice to employer, outer limit	120 days from date of disability	Bars compensation if missed, unless the employer already knew
Occupational disease disability or death	Within 300 weeks after the last date of employment involving exposure to the hazard	Coverage under the Workers’ Compensation Act
Claim petition	3 years from the date of disability resulting from the occupational disease	Filing a claim for compensation
Firefighter cancer claim	Within 600 weeks after the last date of employment involving exposure to the hazard	Section 108(r) firefighter cancer claims
Appeal of a judge’s decision	20 days from the decision	Appeal to the Workers’ Compensation Appeal Board

Key Takeaway: Pennsylvania occupational disease claims involve separate deadlines for notifying the employer, establishing when disability or death occurred, and filing a claim petition. Missing the applicable deadline can limit benefits or prevent a claim from proceeding under the Workers’ Compensation Act.

What Benefits Can You Recover for an Occupational Disease?

Workers with an accepted occupational disease claim can receive benefits for lost wages and medical treatment related to the condition. If the disease results in death, eligible dependents can also receive benefits.

For workers who cannot work because of the disease, total disability benefits are based on two-thirds of the average weekly wage, subject to the statewide maximum in effect for the year of injury. If the worker returns to work at lower earnings, partial disability benefits are based on two-thirds of the difference between the preinjury average weekly wage and current earnings and can continue for up to 500 weeks.

Workers’ compensation also covers reasonable and necessary medical treatment for the accepted occupational disease. For covered treatment in Pennsylvania, the worker cannot be billed for the difference between the provider’s charge and the amount payable under the workers’ compensation system.

When an occupational disease results in death, eligible dependents can receive death benefits based on a percentage of the worker’s average weekly wage. The Act also provides a burial allowance.

Can You Claim Benefits After Leaving That Job?

Yes. Leaving a job or retiring does not automatically prevent an occupational disease claim. A worker can be diagnosed after leaving the job as long as the disability occurs within the applicable statutory period tied to the worker’s employment and exposure.

For certain occupational disease claims, Section 301(c)(2) determines which employer is responsible based on the worker’s exposure history. This rule applies to claims under Section 305.1 and specified Section 108 categories, including subsections (k), (l), (m), (o), (p), (q), and (r). The responsible employer is the one for whom the worker was last exposed to the occupational hazard for at least one year. If no employer provided at least one year of exposure during the 300 weeks before disability or death, responsibility falls on the employer that provided the longest period of employment involving exposure.

Retirement can also affect eligibility for wage-loss benefits. If an employer argues that the worker voluntarily withdrew from the workforce, the employer bears the burden of proving that withdrawal based on the totality of the circumstances. Receiving a pension alone does not establish that the worker voluntarily left the workforce.

Key Takeaway: Leaving the job where the occupational exposure occurred does not automatically prevent a claim. The applicable deadlines, exposure history, and retirement circumstances determine whether benefits are available and, for certain claims, which employer is responsible.

What If Your Occupational Disease Claim Is Denied?

If an insurer denies an occupational disease claim, the worker can challenge the denial by filing a Claim Petition with the Bureau of Workers’ Compensation. The case is then assigned to a Workers’ Compensation Judge.

During the proceedings, the worker can testify about employment, workplace exposures, symptoms, and disability. Both sides can also submit medical testimony, employment records, exposure documentation, and other relevant evidence. After reviewing the evidence, the judge issues a written decision.

A party challenging the judge’s decision must appeal to the Workers’ Compensation Appeal Board within 20 days. The Board reviews the record for legal error and whether the judge’s findings are supported by substantial evidence rather than conducting a new hearing. Its decision can be appealed through the Commonwealth Court of Pennsylvania.

Occupational disease claims can be denied because of disputes over medical causation, workplace exposure, or filing deadlines. Medical evidence, exposure records, and testimony about workplace conditions can help address the specific reasons for the denial.

Get Experienced Legal Help With a Pennsylvania Occupational Disease Claim

An occupational disease claim can raise questions about which employer may be responsible, how workplace exposure can be documented, and whether the applicable notice, filing, and disability deadlines have been satisfied. Medical causation and employment records can be especially important when an employer or insurer disputes the connection between the disease and the worker’s occupation.

Pennsylvania workers’ compensation attorneys Lawrence M. Kelly and Joseph A. George represent workers in occupational disease claims, including denied claims and appeals. Our team gathers evidence of workplace exposure, works with medical experts, and handles claim petitions before Workers’ Compensation Judges and appeals before the Workers’ Compensation Appeal Board.

Call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 to schedule a free consultation. Our office at 315 N Mercer St in New Castle serves injured workers throughout Lawrence County, Butler County, and the surrounding region.

Frequently Asked Questions

Does Pennsylvania cover COVID-19 or other infectious diseases as occupational diseases?

COVID-19 is not specifically listed as an occupational disease under Section 108, and Pennsylvania does not provide a broad COVID-19 presumption. A worker can pursue a disease-as-injury claim based on workplace exposure or an occupational disease claim under Section 108(n) by proving the required connection between the disease and the occupation.

Can you file an occupational disease claim if you smoke and have a respiratory illness?

Yes. A history of smoking does not automatically prevent an occupational disease claim. If the employer or insurer argues that smoking or another nonwork factor caused the condition, medical evidence can address the role of both workplace exposure and other risk factors.

Does an occupational disease claim affect your ability to sue a third party?

A workers’ compensation claim does not automatically prevent a separate claim against a responsible third party. Under Section 319, the employer or insurer has subrogation rights against a third-party recovery to the extent of workers’ compensation benefits paid or payable.

What if your employer disputes that your job caused the disease?

A Workers’ Compensation Judge can resolve the dispute after reviewing the medical testimony and other evidence presented by both sides. When the Section 301(e) presumption applies, the employer has the burden of presenting sufficient evidence to rebut the presumption that the disease arose from the employment.

Can retired workers still file for occupational disease benefits?

Yes. Retirement does not automatically prevent an occupational disease claim. The worker must still satisfy the applicable requirements for disability, notice, and filing, while eligibility for wage-loss benefits can depend on whether the worker withdrew from the workforce or stopped working because of the occupational disease.

How is an occupational disease claim different from a repetitive-trauma injury claim?

Repetitive-trauma conditions, such as carpal tunnel syndrome caused by cumulative work activity, are treated as injuries under the Workers’ Compensation Act rather than occupational diseases. For an unlisted occupational disease under Section 108(n), the worker must establish the required relationship between the disease and the occupation, including that the disease occurs substantially more often in that occupation or industry than in the general population.