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Workers comp covers not just injuries but occupational illnesses. It can be difficult to determine whether a worker’s disease or illness is “occupational,” especially for diseases that take time to develop and manifest themselves, such as cancers, hearing loss or organ failure. The difficulty of tying a disease to exposure at the workplace makes it tough on workers who have the burden of proving that their injury or disease is work-related. To alleviate this burden, many provinces consider certain types of common work diseases to be occupational diseases when suffered by workers who are exposed to the hazards known to cause the disease. Here’s a look at the rules in each province.
Illnesses Considered “Occupational Diseases” When Suffered by a Worker
ALBERTA
Occupational diseases listed in Schedule B of Workers Comp Act or as decided by WCB
Schedule B
| Condition | Industry |
|---|---|
| Poisoning by:
(a) Lead (b) Mercury (c) Arsenic (d) Cadmium (e) Manganese (f) Phosphorus, phosphine or anticholinesterase action of organic phosphorus compounds (g) Organic solvents (n hexane, carbon tetra chloride, trichloroethane, trichloroethylene, acetone, benzene, toluene, xylene, etc.) (h) Carbon monoxide (i) Hydrogen sulphide (j) Nitrous fumes, including silofiller’s disease (k) Nitriles, hydrogen cyanide or its soluble salts (l) Phosgene (m) Other toxic substances |
If there’s significant occupational exposure to:
(a) lead or lead compounds (b) mercury or mercury compounds (c) arsenic or arsenic compounds (d) cadmium or cadmium compounds (e) manganese or manganese compounds (f) phosphorus or phosphorus compounds (g) organic solvents (h) products of combustion, or any other source of carbon monoxide (i) hydrogen sulphide* (j) nitrous fumes including the oxides of nitrogen* (k) chemicals containing CN group including dangerous pesticides** (l) phosgene including its occurrence as a breakdown product of chlorinated compounds by combustion* (m) toxic gases, vapours, mists, fumes or dusts |
| Infection by:
(a) Staphylococcus aureus, Salmonella organisms, Hepatitis B virus (b) Brucella organisms (c) Tubercle bacillus |
(a) if close and frequent occupational contact with source(s) of infection is shown and employment necessitates: (i) treatment, nursing or examination of, or sufficient contact with, patients or ill persons, (ii) testing of body tissues of fluids, or (iii) research into salmonella, pathogenic staphylococci or Hepatitis B
(b) If there’s occupational contact with animals, carcasses or animal by products (c) if close and frequent occupational contact with source(s) of infection is shown and employment necessitates: (i) treatment, nursing or examination of, or sufficient contact with, patients or ill persons, (ii) testing of body tissues of fluids, or (iii) research into tuberculosis by a worker who: (A) when first engaged, or, after an absence from such employment for over a year, when re engaged in such employment, was free from evidence of tuberculosis, and (B) remained free from evidence of tuberculosis for 6 months after being so employed (except in primary tuberculosis as proven by a negative tuberculin test at time of employment) |
| Pneumoconiosis
(a) Silicosis (b) Asbestosis (c) Other pneumoconioses |
(a) If there’s occupational exposure to airborne silica dust including metalliferous mining and coal mining
(b) If there’s occupational exposure to airborne asbestos dust (c) If there’s significant occupational exposure to airborne dusts of coal, beryllium, tungsten carbide, aluminum or others that produce fibrosis of the lungs |
| Asthma | Industry or process where asthma is precipitated or aggravated by occupational exposure to any or all of the following irritants: (i) western red cedar dust; (ii) isocyanate vapours or gases; (iii) dust, fume or vapours of other chemicals or organic material known to cause asthma |
| Extrinsic allergic alveolitis (including farmers’ lung and mushroom workers’ lung) | Industry or process with significant occupational exposure to respirable organic dusts |
| Occupational noise induced hearing loss | Industry or process where there’s prolonged occupational exposure to excessive noise levels |
| Contact dermatitis | Industry or process where there’s occupational exposure to irritants, allergens or sensitizers that ordinarily cause dermatitis |
| Vascular disturbances of the extremities | At least 2 years continuous employment immediately preceding the vasospastic response in industry involving use of high frequency, rapid acceleration vibratory tools |
| Radiation injury or disease due to
(a) Ionizing radiation (b) Non-ionizing radiation—conjunctivitis, keratitis (c) Non-ionizing radiation— cataract or other thermal damage to the eye |
Industry or process where there’s significant occupational exposure to:
(a) Ionizing radiation (b) Ultraviolet light (c) Infrared, microwave or laser radiation |
| Erosion of incisor teeth | Industry or process where there’s significant occupational exposure to acid fumes or mist |
“Occupational disease” means a disease, including a disablement resulting from exposure to contamination, that’s listed in Schedule 1 or otherwise recognized by the Board (WC Act, Sec. 1)
Schedule 1: Presumption of Occupational Disease Related to Specific Process or Industry
| Condition | Industry |
|---|---|
| Poisoning by:
(a) Lead (b) Mercury (c) Arsenic or arsine (d) Cadmium (e) Manganese (f) Phosphorus, phosphine or anticholinesterase action of organic phosphorus compounds (g) Organic solvents (n hexane, carbon tetra chloride, trichloroethane, trichloroethylene, acetone, benzene, toluene, xylene, etc.) (h) Carbon monoxide (i) Hydrogen sulphide (j) Nitrous fumes, including silofiller’s disease (k) Nitriles, hydrogen cyanide or its soluble salts (l) Phosgene (m) Other toxic substances |
If there’s significant occupational exposure to:
(a) lead or lead compounds (b) mercury or mercury compounds (c) arsenic or arsenic compounds (d) cadmium or cadmium compounds (e) manganese or manganese compounds (f) phosphorus or phosphorus compounds (g) organic solvents (h) products of combustion, or any other source of carbon monoxide (i) hydrogen sulphide* (j) nitrous fumes including the oxides of nitrogen* (k) chemicals containing CN group including dangerous pesticides** (l) phosgene including its occurrence as a breakdown product of chlorinated compounds by combustion* (m) toxic gases, vapours, mists, fumes or dusts |
| Infection by:
(a) Psittacosis virus (b) Salmonella organisms, Staphylococcus aureus, or Hepatitis B virus (c) Brucella organisms, including Undulant fever (d) Tubercle bacillus |
(a) Where there’s established contact with ornithosis-infected avian species or material
(b) Where close and frequent contact with a source(s) of the infection is established and the employment necessitates:
(c) Where there’s contact with animals, animal carcasses or animal by-products (d) Where close and frequent contact with a source(s) of tuberculous infection is established and the employment necessitates:
|
| Pneumoconiosis
(a) Silicosis (b) Asbestosis (c) Other pneumoconioses |
(a) If there’s occupational exposure to airborne silica dust including metalliferous mining and coal mining
(b) If there’s occupational exposure to airborne asbestos dust (c) If there’s significant occupational exposure to airborne dusts of coal, beryllium, tungsten carbide, aluminum or others that produce fibrosis of the lungs |
| Diffuse pleural thickening or fibrosis, whether unilateral or bilateral | Where there’s exposure to airborne asbestos dust and the worker hasn’t previously had and doesn’t currently have collagen disease, chronic uremia, drug-induced fibrosis, tuberculosis or other infection, trauma or disease capable of causing pleural thickening or fibrosis |
| Benign pleural effusion, whether unilateral or bilateral | Where there is exposure to airborne asbestos dust and the worker hasn’t previously had and doesn’t currently have collagen disease, chronic uremia, tuberculosis or other infection, trauma or disease capable of causing pleural effusion |
| Cancer
(a) Primary carcinoma of the lung when associated with asbestosis (b) Primary carcinoma of the lung when associated with bilateral diffuse pleural thickening over 2 mm thick (c) Primary carcinoma of the lung (d) Mesothelioma, whether pleural or peritoneal (e) Carcinoma, associated with asbestosis, of the larynx or pharynx (f) Gastrointestinal cancer, including all primary cancers associated with the esophagus, stomach, small bowel, colon and rectum excluding the anus, and without regard to the site of the cancer in the gastrointestinal tract or histological structure of the cancer (g) Primary cancer of the lung (h) Leukemia or pre-leukemia (i) Primary cancer of the skin (j) Primary cancer of the epithelial lining of urinary bladder, ureter or renal pelvis (k) Primary cancer of the mucous lining of the nose or nasal sinuses (l) Angiosarcoma of the liver |
Where there’s exposure to:
(a) airborne asbestos dust (b) airborne asbestos dust and worker hasn’t previously had collagen disease, chronic uremia, drug-induced fibrosis, tuberculosis or other infection or trauma capable of causing pleural thickening (c) airborne asbestos dust for 10 years or more of employment in one or more of the following industries:
(d) airborne asbestos dust (e) airborne asbestos dust (f) asbestos dust if, during the period between the first exposure to asbestos dust and diagnosis of gastrointestinal cancer, there’s been a period(s) of, adding up to, 20 years of continuous exposure to asbestos dust and such exposure represents or is a manifestation of the major component of the occupational activity in which the exposure occurred (g) prolonged exposure to any of the following:
(h) prolonged exposure to benzene or to ionizing radiation (i) prolonged exposure to:
(j) prolonged exposure to beta-naphthylamine, benzidine or 4-nitrodiphenyl (k) prolonged exposure to:
(l) exposure to vinyl chloride monomer. |
| Asthma | Exposure to any of the following:
|
| Extrinsic allergic alveolitis, including farmers’ lung and mushroom workers’ lung | Repeated exposure to respirable organic dusts |
| Acute upper respiratory inflammation, acute pharyngitis, acute laryngitis, acute tracheitis, acute bronchitis, acute pneumonitis or acute pulmonary edema, excluding any allergic reaction, reaction to environmental tobacco smoke or effect of an infection | Where:
|
| Metal fume fever | Exposure to the fumes of zinc or other metals |
| Fluorosis | Where there is exposure to high concentrations of fluorine or fluorine compounds, whether in gaseous or particulate form. |
| Neurosensory hearing loss | Prolonged exposure to excessive noise levels |
| Bursitis:
(a) Knee bursitis (inflammation of the prepatellar, suprapatellar or superficial infrapatellar bursa) (b) Shoulder bursitis (inflammation of the subacromial or subdeltoid bursa) |
Where:
(a)
(b)
|
| Tendinopathy:
(a) hand-wrist tendinopathy (b) shoulder tendinopathy |
(a) Where there is use of the affected tendon or tendons to perform a task or series of tasks that involve any 2 of the following and where such activity represents a significant component of the employment:
(b) Where there’s frequently repeated or sustained abduction or flexion of the shoulder joint greater than 60° and such activity represents a significant component of the employment |
| Decompression sickness | Where there is exposure to increased air pressure |
| Contact dermatitis | Where there is excessive exposure to irritants, allergens or sensitizers ordinarily causative of dermatitis |
| Hand-arm vibration syndrome | Where there’s been at least 1,000 hours of exposure to tools or equipment that causes the transfer of significant vibration to the hand or arm |
| Radiation injury or disease:
(a) Due to ionizing radiation (b) Due to non-ionizing radiation:
|
(a) Where there is exposure to ionizing radiation
(b) Where:
|
| Erosion of incisor teeth | Where there is exposure to acid fumes or mist |
| Infection that is
(a) caused by communicable viral pathogens, and (b) the subject of one or more of the following:
|
Where: (a) there is a risk of exposure to a source or sources of infection significantly greater than that to the public at large, (b) the risk of exposure occurs during the applicable notice or emergency under column 1, and (c) the risk of exposure occurs within the geographical area of the applicable notice or emergency under column 1 |
“Occupational disease” means: (a) a disease prescribed by regulation as an occupational disease, or
(b) any other disease, other than an ordinary disease of life, that is attributable to causes or conditions that are (i) peculiar to or characteristic of a particular trade or occupation, or (ii) peculiar to the particular employment; (Workers Comp Act, Sec. 1(1)); Certain cancers and other diseases are presumed occupational diseases for firefighters
“Occupational disease” means any disease, which by the regulations, is declared to be an occupational disease and includes any other disease peculiar to or characteristic of a particular industrial process, trade or occupation (Workers Comp Act, Sec. 1)
Table of Industrial Diseases
(for all work involving exposure to the risks concerned)
| Condition | Cause |
|---|---|
| Pneumoconiosis | Caused by sclerogenic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silicio-tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death |
| Bronchopulmonary diseases | Caused by hard metal dust, cotton dust (byssinosis), or flax, hemp or sisal dust |
| Occupational asthma | Caused by sensitizing agents or irritants both recognized in this regard and inherent in the work process |
| Extrinsic allergic alveolities and its sequelae | Caused by the inhalation of organic dusts, as prescribed by national legislation |
| Diseases & conditions | Caused by:
|
| Hearing impairment | Where there’s exposure to:
excessive noise |
| Musculoskeletal disorders & disease | Vibration |
| Decompression illness | Work in compressed air |
| Skin burns and acute radiation syndrome | Ionizing radiation |
| Skin diseases | Physical, chemical or biological agents not already listed |
| Primary epitheliomatous cancer of the skin | Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances |
| Lung disease including cancer and mesotheliomas | Exposure to asbestos |
| Infectious or parasitic diseases | Contracted in an occupation where there’s a particular risk of contamination, including (a) health or laboratory work; (b) veterinary work; (c) work handling animals, animal carcases, parts of those carcases, or merchandise which may have been contaminated by animals, animal carcases, or parts of such carcases; and (d) other work carrying a particular risk of contamination. |
| Cancer of the esophagus and cancer of the larynx | Exposure to metal working fluids |
Occupational disease” means a disease arising out of and in the course of employment and resulting from causes or conditions (i) peculiar to or characteristic of a particular trade or occupation, or (ii) peculiar to the particular employment, and includes silicosis and pneumoconiosis (WCA, Sec. 1(v)), as set out in Appendix B of the General Regs.
| Condition | Cause |
|---|---|
| Anthrax | Handling of wool, hair, bristles, hides and skins |
| Carbon monoxide poisoning | Any process of work involving exposure to carbon monoxide |
| Lead poisoning or its sequelae | Any process involving the use of lead or its preparations or compounds |
| Mercury poisoning or its sequelae | Any process involving the use of mercury or its preparations or compounds |
| Phosphorus poisoning or its sequelae | Any process involving the use of phosphorus or its preparations or compounds |
| Arsenic poisoning or sequelae | Any process involving the use of arsenic or its preparations or compounds |
| Ankylostomiasis | Mining |
| Subcutaneous cellulitis of the hand (beat hand), subcutaneous cellulitis over the patella (beat knee), acute bursitis over the elbow (beat elbow) | Mining |
| Frostbite | Any outdoor work in cold temperatures |
| Dermatitis venenata | Any industrial process involving the handling or use of irritants capable of causing or producing dermatitis venenata |
| Epitheliomatous cancer or ulceration of the skin due to tar, pitch, bitumen, mineral oil or paraffin or any compound, product or residue of any of these substances | Handling or use of tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances |
| Coal miners’ pneumonoconiosis | Coal mining |
| Tenosynovitis (simple) | Any process involving constantly repeated vibration or excessive use of muscles of arm, forearm, hand, leg, ankle or foot |
| Any disease or disability due to exposure to X-rays, radium, or other radioactive substances | Any process in the refining of radium or other radioactive substances |
SCHEDULE 3: OCCUPATIONAL DISEASES
| Condition | Cause |
|---|---|
| Arsenic poisoning and its sequelae | Any process involving exposure to or the use of arsenic, arsenic preparations or arsenic compounds |
| Benzene poisoning and its sequelae | Any process involving exposure to or the use of benzene |
| Beryllium poisoning and its sequelae | Any process involving exposure to or the use of beryllium, beryllium preparations or beryllium compounds |
| Brass, nickel or zinc poisoning and its sequelae | Any melting or smelting process involving exposure to brass, nickel or zinc |
| Cadmium poisoning and its sequelae | Any process involving exposure to or the use of cadmium, cadmium preparations or cadmium compounds |
| Carbon dioxide poisoning and its sequelae | Any process involving exposure to carbon dioxide |
| Carbon disulphide poisoning and its sequelae | Any process involving exposure to carbon disulphide |
| Carbon monoxide poisoning and its sequelae | Any process involving exposure to carbon monoxide |
| Chlorinated hydrocarbons poisoning and its sequelae | Any process in the manufacture of, or the use of, or involving exposure to chlorinated hydrocarbons |
| Chromium poisoning and its sequelae | Any process involving exposure to or the use of chromium or chromium compounds |
| Lead poisoning and its sequelae | Any process involving exposure to or the use of lead, lead preparations or lead compounds |
| Mercury poisoning and its sequelae | Any process involving exposure to or the use of mercury, mercury preparations or mercury compounds |
| Poisoning and its Sequelae — by nitro- or amino- derivatives of benzene, phenol or their homologues | Any process involving manufacture, handling, use or exposure to nitro- or amino- derivatives of benzene, phenol or their homologues |
| Poisoning and its Sequelae — by oxides of nitrogen | Any process involving exposure to oxides of nitrogen |
| Phosphorous poisoning and its sequelae | Any process involving exposure to or the use of phosphorus |
| Anthrax | Handling of animals and animal parts, or any other process that results in exposure to a source of anthrax infection |
| Tuberculosis | Any employment in a health care facility, a laboratory as defined in the Laboratory and Specimen Collection Centre Licensing Act or a reform institution, any employment in providing health care services or health care support services or any other employment in which there is a known risk of exposure to tuberculosis or to the tubercle bacillus |
| Bursitis | Any process involving constant or prolonged friction to or pressure on the bursae |
| Infected Blisters | Any process involving friction to the skin that creates opportunity for infection |
| Tenosynovitis | Any process involving continual or repetitive injury to tendons of the limbs |
| Dysbarism: decompression sickness including caisson disease | Any process involving work in compressed or decompressed air |
| Any disease due to exposure to X-rays, radium or other radioactive substances | Any process involving exposure to X-rays, radium or other radioactive substances |
| Asthma | Any process involving exposure to allergenic non-offset sprays in the printing industry |
| Silicosis | Any process involving exposure to crystalline silica |
| Pneumoconioses other than silicosis or asbestosis | Any process involving exposure to the relevant dust |
| Allergic contact dermatitis | Any process involving exposure to a skin allergen |
| Ulceration of the skin or cornea | Any process involving use, handling, or exposure to tar, pitch, bitumen, mineral oil or paraffin or any compound, product or residue of these substances |
| Photo keratoconjunctivitis and photo retinitis | Any process involving prolonged or intense ultra-violet or infra-red exposure, including gas or arc welding or use of lasers |
| Epitheliomatous (skin) cancer | Any process involving use or handling of tar pitch, bitumen, mineral oil or paraffin or any compound, product or residue of these substances |
| Primary cancer of the nasal cavities or of paranasal sinuses | Concentrating, smelting or refining in the nickel producing industry |
| Parkinson’s disease | Any process involving exposure to McIntyre Powder in the mining industry |
*Certain diseases also deemed work-related for fire fighters and fire investigators under Schedule 4
“Occupational disease” means a disease arising out of and in the course of employment and resulting from causes and conditions (i) peculiar to or characteristic of a particular trade or occupation, or (ii) peculiar to the particular employment, but does not include (iii) an ordinary disease of life; (Workers Comp Act, Sec. 1(1)(u)); Regs. set out diseases deemed to be occupational diseases for firefighters and fire inspectors
Schedule D
| Condition | Cause |
|---|---|
| Infected blisters | Any process involving continuous friction, rubbing or vibration |
| Anthrax | Handling of wool, hair, bristles, hides and skins |
| Brucellosis | Care, slaughtering, cutting, transport of slaughter-house animals; Laboratory work of an employer subject to the Act |
| Bursitis | Any process involving continuous rubbing, pressure, irritation or vibration of the parts affected |
| Poisoning by arsenic | Any process involving use of arsenic or its preparations or compounds |
| Poisoning by benzol | Any process involving use of benzol |
| Poisoning by cadmium | Any process involving use of cadmium or its preparations or compounds |
| Poisoning by chrome | Any process involving use of chromium or its compounds |
| Poisoning by brass, nickel or zinc | Any process involving the use of nickel or brass, or melting or smelting of zinc |
| Poisoning by Chlorinated hydrocarbons, Trichlorethylene, Tetrachlorethane, Trichloronaphtalene, Carbon tetrachloride, etc. | Any process involving the manufacture or use of these substances |
| Poisoning by mercury | Any process involving the use of mercury or its preparations or compounds |
| Carbon monoxide poisoning | Any process involving the emanation of carbon monoxide |
| Poisoning and its Sequelae — by nitro- or amino- derivatives of benzene, phenol or their homologues | Any process involving manufacture, handling, use or exposure to nitro- or amino- derivatives of benzene, phenol or their homologues |
| Poisoning by phosphorous | Any process involving use of phosphorous or its preparations or compounds |
| Lead poisoning | Any process involving use of lead or its preparations or compounds |
| Poisoning by nitrous fumes | Any process in which nitrous fumes are evolved |
| Compressed air illness or caisson disease | Any work done in compressed air |
| Diseases caused by exposure to radium, x-rays or other radioactive substances | Work involving exposure to such substances |
| Pneumoconiosis, silicosis and asbestosis | Mining, quarrying, cutting, crushing, grinding or polishing of stone; Smelting, grinding or polishing of metal; Pottery |
| Retinitis | Electro-welding or acetylene welding |
| Hearing loss | Any process involving exposure to levels of excessive noise |
| Any disease due to exposure to X-rays, radium or other radioactive substances | Any process involving exposure to X-rays, radium or other radioactive substances |
| Tenosynovitis | Any process involving constantly repeated vibration or excessive use of muscles of arm, forearm, hand, leg, ankle or foot |
“Occupational disease” means a disease or disorder that arises out of and in the course of employment and that results from causes or conditions that are: (i) peculiar to or characteristic of a particular trade, occupation or industry; or (ii) peculiar to a particular employment (Workers Comp Act, 2013, Sec. 2(1)(aa))
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