Not all work-related injuries are caused by physical accidents. Exposure to dangerous chemicals or repetitive actions can lead to long-term damage and suffering. If you’re not aware of the dangers, you’re more vulnerable to exposure and harm. Many work-related diseases can appear after long periods of time.
Has an occupational lung disease or other occupational diseases left you unable to work? The lawyers at Wilson, Reives & Doran know occupational disease compensation law, and will fight to prove your claims and get you the workers’ compensation benefits you deserve while you concentrate on healing.
What are occupational diseases?
Occupational diseases are chronic disorders that arise because of the type of work or occupational activity you do. Some occupational diseases are specific conditions listed in the North Carolina Workers’ Compensation Act. These include asbestosis, silicosis, synovitis, tenosynovitis, bursitis, and exposure to certain chemicals and toxins.
In order to qualify for workers’ comp benefits for these listed or “enumerated” occupational diseases, the injured worker needs only to show a causal connection between the job and the disease.
There is also a “catch-all” provision, which defines “occupational diseases” as any disease which is proven to be due to causes and conditions that are a part of your job and excluding all diseases that the public has the exposure outside of the job. In order to qualify for workers’ comp benefits, the injured worker has some additional pieces to prove.
The injured worker must show: 1) that the employment placed them at an increased risk compared to the general public for developing the occupational disease; and 2) that the employment in fact substantially contributed to the occupational disease.
Repetitive motion injuries such as carpal tunnel and cubital tunnel syndrome are common occupational diseases that are part of this “catch-all” provision.
As an injured employee, you may qualify to be paid for time out of work if an occupational disease kept you from being able to perform your job for a temporary or permanent period of time.
What are the most common occupational diseases?
Occupational lung disease
Diseases of the lungs can be caused by everything from poor indoor air quality to exposure to chemicals and particles in the air.
Occupational skin disease and poisoning
The Center for Disease Control and Prevention (CDC) estimates that over 13 million workers in the United States are potentially exposed to chemicals and bacteria that can be absorbed through the skin. High-risk occupations include those in healthcare, hairdressing, printing, construction, motor vehicle repair, meat inspection, animal handling, lab work, and metal machine work.
Diseases and poisoning include:
Repetitive motion, stress and trauma injuries
Workers in industries ranging from information technology to food processing can be at risk for injuries that stem from repetitive pushing, pulling, vibrations, pinching and grasping, as well as on-the-job trauma:
If I’ve contracted an occupational disease, what should I do next?
First, seek medical attention if you haven’t done so already. Also, be sure to report the injury immediately to your supervisor in both written and oral form. While there’s no set format for how you need to do this, you do need to do it as quickly as possible. Make sure what you say to employers and others remains consistent. And, if possible, document your working conditions to help illustrate any safety lapses.
Then, with the help of an attorney who knows occupational disease compensation law, you can determine whether filing a workers’ compensation claim is your best course of action.
When should I file a workers’ compensation claim?
If you are looking to claim occupational disease compensation benefits, you should do so quickly. Any delay in filing on your part could lead to potential delays in receiving benefits. Reporting injuries immediately and filing a claim as soon as you decide to seek benefits will significantly increase your lawyer’s chances of recovering compensation quickly.
That being said, the notice requirements for occupational diseases are a little different than a “standard” injury like a broken bone or torn ligament. In occupational disease cases, the injured worker has to file a claim within two years of the latter of 1) the date the employee is advised by a doctor that he/she has a work-related disease, or 2) the date the employee is first disabled (unable to work) as a result of the condition/diagnosis. Lastly, under North Carolina law, if the employer or insurance carrier has paid for or provided medical treatment for the occupational disease, the workers’ compensation claim may be filed within two years of the last payment of medical expenses.
Regardless of timing, if you believe you’ve been hurt because of an accidental injury or if you believe you have an occupational disease, tell your employer in writing, get medical treatment and talk to an experienced workers’ compensation lawyer.
It will not cost you anything to come in for a consultation. At Wilson, Reives & Doran, PLLC, all consultations for workers’ compensation cases are given free of charge. We’ll focus on your claim, allowing you to focus on recovery and moving your life forward.