Sickened on the Job: Work-Related Occupational Diseases in Austin, Texas
You went to work to earn a living. You did not go to work to get sick. But for thousands of workers across Central Texas, the workplace has become a source of chronic illness—respiratory disease from toxic dust, cancer from chemical exposure, lung disease from silica, neurological damage from solvents. The effects may not appear for years, but when they do, they are devastating. And the workers’ compensation system—designed to cover sudden injuries—often falls short when it comes to occupational diseases.
At Barton & Associates, Attorneys at Law, we represent workers across Central Texas who have been sickened by occupational diseases. From the construction sites in Austin to the industrial facilities in Round Rock, from the dry cleaners in Cedar Park to the manufacturing plants in Kyle and Buda, we understand the unique challenges of proving that a disease was caused by workplace exposure. Our attorneys have spent decades fighting for the rights of workers, holding employers accountable when they fail to provide a safe workplace.
We know that occupational disease cases are complex. They require medical expertise, knowledge of industrial hygiene, and the ability to trace exposure back to its source. We know how to investigate the cause of your illness, identify the responsible parties, and build a case that gets you the compensation you deserve.
If you have been sickened by your work, you are not alone. Let us help you seek justice.
Understanding Occupational Diseases
Occupational diseases are illnesses caused by exposure to hazards in the workplace. Unlike a sudden injury—a fall, a burn, a laceration—occupational diseases develop over time, often years after the exposure began.
Common Occupational Diseases:
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Respiratory Diseases: Silicosis, asbestosis, coal workers’ pneumoconiosis (black lung), occupational asthma
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Cancers: Lung cancer, mesothelioma, leukemia, bladder cancer, liver cancer
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Neurological Disorders: Parkinson’s disease, peripheral neuropathy, cognitive impairment
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Skin Diseases: Dermatitis, chemical burns, skin cancer
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Hearing Loss: Noise-induced hearing loss
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Reproductive Harm: Infertility, birth defects
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Musculoskeletal Disorders: Repetitive stress injuries, carpal tunnel syndrome
Common Workplace Hazards:
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Asbestos
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Silica dust
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Benzene
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Lead
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Industrial solvents
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Pesticides
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Welding fumes
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Diesel exhaust
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Noise
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Repetitive motion
For workers across Central Texas, occupational diseases often go unrecognized for years.
What Is an Occupational Disease?
An occupational disease is a condition caused by exposure to a hazard in the workplace. The exposure may be chemical, physical, biological, or ergonomic.
Chemical Hazards:
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Asbestos (mesothelioma, lung cancer)
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Silica (silicosis, lung cancer)
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Benzene (leukemia)
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Lead (neurological damage, kidney disease)
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Solvents (neurological damage, liver damage)
Physical Hazards:
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Noise (hearing loss)
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Radiation (cancer)
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Vibration (hand-arm vibration syndrome)
Biological Hazards:
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Bloodborne pathogens (hepatitis, HIV)
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Mold (respiratory disease)
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Animal-borne diseases
Ergonomic Hazards:
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Repetitive motion (carpal tunnel syndrome)
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Awkward postures (musculoskeletal disorders)
For those in the Austin area, occupational diseases can arise from industries as varied as construction, manufacturing, healthcare, and agriculture.
How to Prove an Occupational Disease Claim
Proving an occupational disease claim requires medical evidence, expert testimony, and the ability to trace the exposure to your workplace.
Step 1: Establish the Exposure
Your attorney will investigate your work history, the materials you worked with, and the conditions you faced. This may involve:
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Reviewing employment records
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Interviewing former coworkers
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Obtaining safety data sheets (SDS) for chemicals you worked with
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Consulting industrial hygienists
Step 2: Document Your Illness
Your attorney will gather medical records, diagnostic tests, and expert opinions linking your illness to the exposure. This may involve:
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Medical records documenting your diagnosis
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Expert testimony from physicians, epidemiologists, and toxicologists
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Evidence of the causal link between the hazard and your illness
Step 3: Prove Causation
You must prove that the workplace exposure caused your illness. This is often the most challenging part of an occupational disease case. Your attorney will work with experts to establish:
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You were exposed to the hazard
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The hazard is capable of causing your illness
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The exposure was sufficient to cause your illness
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No other cause explains your illness
Step 4: Identify the Responsible Parties
Responsible parties may include:
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Your employer (if they failed to provide a safe workplace)
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Manufacturers of hazardous products
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Contractors who created the hazard
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Property owners
For residents across Central Texas, proving an occupational disease claim requires a team of experts and an experienced attorney.
Workers’ Compensation vs. Third-Party Claims
In Texas, most employers do not carry workers’ compensation insurance. Texas is a “non-subscriber” state—employers can opt out of the workers’ compensation system. This changes the landscape for injured workers.
If Your Employer Has Workers’ Comp:
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You can receive benefits for medical expenses and lost wages
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You cannot sue your employer (exclusive remedy)
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You may be able to sue third parties (product manufacturers, contractors)
If Your Employer Does NOT Have Workers’ Comp:
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You can sue your employer directly for negligence
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You can recover pain and suffering, not just medical bills and lost wages
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The employer has no immunity
Third-Party Claims:
Even if you receive workers’ compensation, you may have a claim against:
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Manufacturers of defective products
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Contractors who created the hazard
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Property owners who failed to maintain safe premises
For workers across Central Texas, understanding your options requires careful analysis of your employer’s workers’ compensation status.
Silicosis and Construction Workers
Silicosis is a lung disease caused by inhaling silica dust—common in construction, mining, and sandblasting. Texas has a large construction industry, and silica exposure is a significant risk.
What Is Silica:
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A common mineral found in sand, stone, concrete, and mortar
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When cut, drilled, or ground, silica becomes respirable dust
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Inhaled silica particles scar the lungs, leading to silicosis
Who Is at Risk:
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Construction workers (concrete cutting, stone countertop fabrication)
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Miners
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Sandblasters
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Foundry workers
Symptoms:
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Shortness of breath
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Cough
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Fatigue
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Chest pain
The Danger:
Silicosis is irreversible. It can progress even after exposure ends. It also increases the risk of lung cancer and tuberculosis.
For construction workers in the Austin area, silica exposure is a serious occupational hazard.
Asbestos Exposure in the Workplace
Asbestos was widely used in construction, shipbuilding, and manufacturing for decades. Its fibers, when inhaled, can cause devastating illnesses.
Asbestos-Related Diseases:
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Mesothelioma (cancer of the lining of the lungs or abdomen)
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Lung cancer
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Asbestosis (scarring of the lungs)
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Pleural disease
Who Is at Risk:
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Construction workers (insulation, roofing, flooring)
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Shipyard workers
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Industrial workers
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Auto mechanics (brake and clutch repair)
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Veterans (especially Navy)
Latency Period:
Asbestos-related diseases often take 20 to 50 years to develop. The exposure may have occurred decades ago, but the illness appears now.
For workers across Central Texas, asbestos exposure remains a significant risk in older buildings and industrial sites.
Chemical Exposure and Cancer
Workers in many industries face exposure to chemicals that can cause cancer.
Carcinogens in the Workplace:
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Benzene: Found in gasoline, solvents, and industrial chemicals. Causes leukemia.
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Formaldehyde: Found in resins, adhesives, and embalming fluids. Causes leukemia and nasopharyngeal cancer.
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Vinyl Chloride: Used in plastics manufacturing. Causes liver cancer.
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Arsenic: Found in wood preservatives, pesticides, and mining. Causes lung and skin cancer.
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Chromium: Used in metal plating and welding. Causes lung cancer.
Who Is at Risk:
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Chemical plant workers
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Laboratory workers
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Welders
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Painters
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Dry cleaners (perchloroethylene)
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Auto mechanics (benzene from gasoline)
For those in the Austin area, chemical exposure cases require proving that the exposure caused the cancer—a complex medical and scientific question.
Repetitive Stress Injuries
Not all occupational diseases are caused by toxic exposure. Repetitive stress injuries—carpal tunnel syndrome, tendinitis, back injuries—are also occupational diseases.
Common Repetitive Stress Injuries:
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Carpal tunnel syndrome
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Tendinitis
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Rotator cuff injuries
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Herniated discs
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Chronic back pain
Who Is at Risk:
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Office workers (keyboarding)
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Manufacturing workers (repetitive assembly)
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Healthcare workers (lifting patients)
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Construction workers (repetitive motion)
What You Must Prove:
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Your job required repetitive motion
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The repetitive motion caused your injury
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Your employer failed to take reasonable steps to prevent the injury
For workers across Central Texas, repetitive stress injuries can be just as disabling as acute injuries.
Frequently Asked Questions About Work-Related Occupational Diseases in Austin, Texas
When workers come to our office—whether from Austin’s construction sites, manufacturing plants, or healthcare facilities—they often have questions about occupational disease claims. Here are the answers to the most common inquiries we receive.
What is an occupational disease?
An occupational disease is an illness caused by exposure to a hazard in the workplace—chemical, physical, biological, or ergonomic.
What is the difference between an occupational disease and a work-related injury?
An injury is sudden—a fall, a burn, a laceration. A disease develops over time—cancer from chemical exposure, lung disease from dust inhalation.
Can I sue my employer for an occupational disease?
If your employer carries workers’ compensation, you generally cannot sue them—workers’ comp is your exclusive remedy. If your employer does not carry workers’ comp, you can sue them directly.
What is the statute of limitations for occupational disease claims?
For most claims, you have two years from the date you discovered—or reasonably should have discovered—your illness. For occupational diseases, this is often the date of diagnosis.
What damages can I recover?
If you have a workers’ comp claim, you can recover medical expenses and lost wages. If you sue your employer or a third party, you can also recover pain and suffering.
How do I prove that my illness was caused by work?
You need medical evidence and expert testimony linking your illness to workplace exposure. Your attorney will work with physicians, industrial hygienists, and other experts to build your case.
Do I need an attorney for an occupational disease claim?
Yes. Occupational disease claims are complex, and the workers’ compensation system is difficult to navigate. An experienced attorney can help you understand your options and build the strongest possible case.
Why Barton & Associates for Occupational Disease Claims in Austin
Occupational disease cases require attorneys who understand the science, the law, and the strategies for proving causation. Our attorneys have spent decades representing workers across Central Texas who have been sickened by their jobs.
We know the local industries, the hazards they present, and the experts who can prove your case. We know how to investigate workplace exposure, document your illness, and build a case that gets you the compensation you deserve.
Take the First Step Toward Justice
If you have been sickened by your work, do not wait. The statute of limitations is strict. Evidence disappears. Witnesses forget. The sooner you have an experienced attorney on your side, the sooner you can begin the process of seeking justice.
Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced occupational disease attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you seek the justice you deserve.
Main Category: Personal Injury Austin
Practice Area Category: Toxic Exposure & Illness
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)