Occupational Induced Illness Claims

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Occupational Induced Illness Claims

Occupational Induced Illness Workers Comp Claims

What is an Occupational Disease?

An occupational disease is any illness that is associated with a particular occupation or industry. These diseases can result from a variety of biological, chemical, physical, and psychological factors that are present in the work environment or are encountered over the course of employment. If you are suffering from an occupational disease, let’s discuss your claim to see if it may be covered by workers compensation. I have proudly and successfully helped injured workers obtain workers’ compensation benefits for more 40 years!

It’s important to note that not all illnesses or conditions that occur during employment are considered occupational diseases. To be classified as an occupational disease, injured workers must show the illness developed from the job duties and conditions of the worker’s employment. If the worker could easily be exposed to the illness outside of the workplace, it is not considered an occupational disease. For example, catching the flu from a co-worker would not be considered an occupational disease.

Types of Occupational Diseases

These diseases can result from a variety of biological, chemical, physical, and psychological factors. Here are some examples of types of occupational diseases:

Infectious diseases

An occupational disease like this is caused by exposure to infectious agents in the workplace. Examples include:

  • Tuberculosis – Tuberculosis (TB) is a serious infectious disease caused by a bacterium called Mycobacterium tuberculosis. This respiratory disease affects the lungs but can also attack other parts of the body. An injured worker may have symptoms that include coughing, chest pain, fever, and night sweats.

  • Tetanus- Tetanus is an acute infectious disease caused by the bacterium Clostridium tetani. The spores of this bacterium can be found in soil, and animal and human feces. An injured worker may contract tetanus from surfaces such as nails, needles, and barbed wire. Symptoms include muscle stiffness, spasms, and lockjaw, and can progress to respiratory failure and death.

  • Anthrax – Anthrax is a serious infectious disease caused by the bacterium Bacillus anthracis. It can be naturally found in soil and can affect domestic and wild animals. People can get anthrax by coming in contact with infected animals or contaminated animal products. Professions where this occupational disease can be contracted include mail handlers, law enforcement personnel, healthcare workers, and decontamination workers. Symptoms can vary depending on the type of anthrax, but may include nausea, vomiting, abdominal pain, headache, and fever.

  • Leptospirosis- Leptospirosis is an infection caused by the Leptospira bacteria, which can be transmitted between animals and humans. The disease can be contracted through direct contact with the urine or reproductive fluids of infected animals, contaminated water or soil. Also, contaminated food or water. This occupational disease could be contracted doing jobs such as farming, mining, construction, sewer work, veterinary work, and animal control. Symptoms can include fever, chills, headache, muscle aches, vomiting, diarrhea, abdominal pain, jaundice, skin rash, and red eyes.

Respiratory diseases

Respiratory diseases can be caused by exposure to various irritants, allergens, and toxins in the workplace. Examples include: 

  • Mesothelioma: a type of cancer that affects the lining of the lungs and is caused by exposure to asbestos fibers, which can be present in industries such as construction and shipbuilding. Obviously, a very serious respiratory disease, and if you believe it was caused by toxic substances from work, you need to call me!

  • Occupational asthma: caused by inhaling certain irritants in the workplace, such as dusts, gases, fumes, and vapors. Injured workers who are stricken with occupational asthma may need constant medical treatment. You need to meet with me to determine if your illness may covered by workers compensation.

  • Pneumoconioses: a group of lung diseases caused by inhaling dust or other particles, such as coal dust, silica, and asbestos. A more well known occupational disease caused by pneumoconioses is black lung disease. Contracting a respiratory disease like this makes it hard and almost impossible to continue to work. If you were diagnosed with this lung disease, reach out to me to discuss your workers compensation claim.

  • Chronic obstructive pulmonary disease (COPD): a lung disease characterized by difficulty breathing, coughing, and wheezing. This can be caused by workplace exposures such as gases, vapors, and dust. Respiratory diseases like COPD are common illnesses where workers seek workers’ compensation benefits.

  • Silicosis: a lung disease caused by inhaling silica dust, which can be present in industries such as mining, construction, and sandblasting. Occupational diseases in these industries can include chronic bronchitis and other diseases.

Skin diseases

These occupational diseases can result from exposure to chemicals, irritants, or other substances that can damage the skin. Occupational skin diseases, such as allergic and irritant contact dermatitis, are the second most common type of occupational disease according to the U.S. Bureau of Labor Statistics. If you have suffered a work related injury, something as serious as a skin disease, we need to discuss your workers compensation rights. Call me today, and I’ll Make Them Pay!®

  • Contact Dermatitis – Contact dermatitis is a common skin condition caused by direct contact with irritants or allergens in the workplace. It is an inflammatory reaction that leads to redness, itching, swelling, blistering, and flaking of the skin. Various substances can cause this reaction, including chemicals, solvents, detergents, metals, and plants.

  • Skin Cancers – There are three primary types of skin cancer: basal cell carcinoma, squamous cell carcinoma, and melanoma. Overexposure to ultraviolet radiation from the sun is the primary cause of skin cancer.

  • Skin Infections – Skin infections can be caused in the workplace as a result of exposure to harmful microorganisms. An occupational disease caused by bacterial skin infections may be impetigo, cellulitis, and folliculitis, and others. Other types of skin infections that can be caused in the workplace include viral infections like herpes simplex virus (HSV) and fungal infections such as ringworm.

Musculoskeletal disorders

These disorders are often caused by repetitive motions or awkward postures in the workplace. Examples include:

  • Carpal Tunnel Syndrome – Carpal tunnel syndrome is a common condition that affects the hand and wrist. It occurs when the median nerve, which runs from the forearm into the hand, becomes compressed or squeezed at the wrist. Symptoms of carpal tunnel syndrome include numbness, tingling, and weakness in the hand and arm.

  • Tendonitis – Tendonitis, is a condition characterized by inflammation of the tendons. These are thick fibrous cords that attach muscle to bone. It can cause pain, tenderness, swelling, and redness just outside a joint. Tendinitis can occur in any tendon, but most commonly around shoulders, elbows, wrists, knees, and heels. It is often caused by repetitive activities.

  • Thoracic Outlet Syndrome – Thoracic Outlet Syndrome refers to a group of disorders caused by compression of blood vessels or nerves in the space between the collarbone and the first rib. This can result in pain, numbness, and weakness in the neck, shoulder, and arm. Thoracic Outlet Syndrome can be caused by a variety of factors, including trauma, repetitive arm movements, and anatomical abnormalities.


Certain types of cancer can be caused by exposure to carcinogens in the workplace, such as asbestos, radon, and benzene.

  • Lung Cancer – Lung cancer is a type of cancer that begins in the lungs, where cells start to grow out of control. It is the leading cause of cancer-related death worldwide, accounting for more deaths than breast, prostate, and colon cancer combined. The two main types of lung cancer are non-small cell lung cancer and small cell lung cancer.

  • Skin Cancer- As mentioned earlier, the most common cause of skin cancer is overexposure to ultraviolet light. Exposure can occur from the sun or from artificial sources like tanning beds.

Causes of Occupational Diseases

An occupational disease can result from a variety of biological, chemical, physical, and psychological factors. Your specific medical diagnosis may qualify you for workers compensation. Be sure to keep you medical records. Here are some common causes of occupational diseases:

Chemical exposure

Exposure to chemicals, such as asbestos, lead, mercury, and benzene, can cause a variety of occupational diseases, including cancer and respiratory diseases.

Physical factors

Certain physical factors, such as noise and vibrations, can cause occupational diseases. For example, exposure to loud noise in the workplace can lead to hearing loss.

Biological factors

Exposure to infectious agents, such as bacteria, viruses, fungi, and parasites, can cause occupational diseases such as tuberculosis and HIV.

Repetitive motions

Repetitive motions, such as those involved in assembly line work or computer use, can lead to musculoskeletal disorders, including carpal tunnel syndrome and back pain.

Psychosocial factors

Psychosocial factors, such as stress, post traumatic stress disorder, and job strain, can also contribute to occupational diseases. For example, stress in the workplace has been linked to a higher risk of cardiovascular disease.

Filing a Workers Compensation Claim for Your Occupational Disease

If you have been diagnosed with an occupational disease and believe it is work-related, you may be entitled to workers’ compensation benefits in Ohio. Here are the steps to filing a workers’ compensation claim for occupational diseases in Ohio:

  1. Notify your employer: You should notify your employer as soon as possible after you are diagnosed with an occupational disease. Your employer may have specific procedures for reporting workplace injuries or illnesses, and failure to follow these procedures could adversely impact your ability to receive benefits.

  2. Seek medical treatment: It is important to seek medical treatment from a qualified healthcare provider as soon as possible after your diagnosis. Your medical records will be an important part of your workers’ compensation claim.

  3. Complete the First Report of Injury: You or your employer will need to complete the First Report of Injury, Occupational Disease, or Death (FROI) form to initiate the workers’ compensation claim process. You can download the FROI form from the Ohio Bureau of Workers’ Compensation (BWC) website or complete it by hand and mail or fax it to the BWC.

  4. Provide supporting documentation: You will need to provide documentation to support your claim, such as medical records, witness statements, and employment records. I can help you gather and organize this documentation to ensure your claim is heard.

  5. Attend a hearing: If your claim is denied, you may need to attend a hearing before the Ohio Industrial Commission to appeal the decision. This is often very difficult to handle on your own, and why it’s essential for your to call me!

  6. Work with an attorney: Filing a workers’ compensation claim for an occupational disease can be a complex process, and it is important to have experienced legal representation on your side. An attorney can help you navigate the workers’ compensation system, protect your rights, and ensure that you receive the benefits you deserve.

If you have a been diagnosed with an occupational induced illness, call me today and I’ll Make Them Pay!®


Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
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4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.