Understanding Occupational Diseases Under Florida Law

Under Florida workers’ compensation law, an occupational disease is treated very differently from a typical workplace injury. Florida Statute §440.151 sets a narrow and highly specific definition for when a disease qualifies as “occupational,” and meeting this definition is often the biggest hurdle injured workers face.

Examples of an "occupational disease" could include but are not limited exposure to chemicals, mold, or other toxins.  

 

How Florida Law Defines an Occupational Disease

Section 440.151(2), Fla. Stat., provides that an occupational disease must meet several strict criteria. The statute states that an occupational disease is a condition caused by hazards that are:

• Characteristic of and peculiar to a particular trade, occupation, process, or employment, and
• Not an ordinary disease of life to which the general public is exposed— unless the disease occurs at a substantially higher rate in the specific occupation compared to the general population.

The law goes even further. To qualify as an occupational disease, there must be:

“Epidemiological studies showing that exposure to the specific substance involved, at the levels to which the employee was exposed, may cause the precise disease sustained by the employee.”

This means the worker must prove not just that they were exposed to something harmful, but that medical and scientific research—epidemiological evidence—shows that this particular substance, at the levels present in the workplace, is known to cause the exact disease they developed.

Why This Standard Makes Occupational Disease Claims Difficult

Florida’s definition is one of the strictest in the country. Workers must show:

• Clear, scientific proof linking workplace exposure to the disease
• Evidence that the disease is not common among the general public, or that its incidence is significantly higher in their line of work
• That the workplace exposure was the major contributing cause of the disease

As a result, many valid claims are denied simply because the worker cannot obtain or present the level of scientific evidence the law requires.

The Role of Medical Evidence

To meet Florida’s statutory definition, a claimant must often provide:

• Specialist evaluations (pulmonologists, neurologists, toxicologists, etc.)
• Epidemiological studies linking the substance to the disease
• Exposure level assessments or workplace environmental reports
• Detailed medical records showing the progression of symptoms

This makes it essential to work with a Florida work injury attorney familiar with occupational disease litigation and the unique evidentiary burdens involved.  

 

Why Legal Help Is Essential

These claims are winnable—but only with the right combination of medical documentation, scientific support, and legal strategy. At Injury Florida Law Firm, we help workers gather the evidence needed to meet the statutory requirements, challenge claim denials, and pursue the full workers’ compensation benefits they deserve.

 

Call or Text 813-485-8041 

Main office - Tampa

By appointment only - Ocala

Serving all counties in Florida.

Attorney Anna Katherine Stone has 24 years experience handling all types of workers' compensation cases.