Claims for Occupational Disease - Workers’ Compensation in NC

Have you developed a disease because of your job? If so, you might be entitled to workers’ compensation benefits for an occupational disease.

The North Carolina workers’ compensation lawyers at Ward Black Law are ready to help you file a claim that meets the necessary legal requirements and procedures. With our experienced occupational disease attorneys on your side, you stand a better chance of receiving the maximum benefits you deserve.

Contact Ward Black Law today for a free case review with one of our North Carolina occupational disease lawyers.

What Are Occupational Diseases in Greensboro?

Occupational diseases are health conditions resulting from exposure to workplace hazards and risks. These diseases are directly caused or significantly aggravated by occupational factors and conditions.

Unlike work-related injuries caused by accidents or traumatic events, occupational diseases usually develop over a prolonged period due to repeated exposure to certain substances or working conditions.

When Does an Illness Qualify for Workers’ Compensation Benefits?

In North Carolina, the Workers’ Compensation Act lists 28 diseases and conditions that can be deemed occupational diseases, including the following examples:

• Lead poisoning
• Carbon monoxide poisoning
• Hearing loss
• Bursitis
• Synovitis
• Silicosis
• Asbestosis

If the enumerated list in the statute does not include your disease or condition, you may still be eligible for workers’ compensation under the catch-all provision. If you can show your disease was caused by conditions peculiar to your trade, job, or occupation, your illness could be covered by workers’ compensation.

If your job puts you at a greater risk of developing the disease as compared to the average person, it may be considered an occupational disease. Common examples in this category include:

• Carpal tunnel syndrome
• Asthma
• Tendinitis
• Various cancers

Types of Workers’ Compensation Benefits for Occupational Diseases

Workers who develop an occupational disease because of the risks and hazards associated with their job could be entitled to the following workers’ compensation benefits:

• Medical benefits – Workers’ compensation will cover all reasonable and necessary medical expenses to treat your disease, including doctor’s visits, diagnostic tests, medications, surgery, and physical therapy.
• Wage benefits – Workers’ compensation benefits include partial wage-replacement benefits while you cannot work. The amount and duration of benefits will depend on the nature and severity of your disease. There are four types of wage benefits, also called indemnity or disability benefits: Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, and Permanent Total Disability.
• Vocational rehabilitation benefits – If your occupational disease prevents you from continuing in your line of work, workers’ compensation benefits can help you retrain for a new job. Vocational rehabilitation benefits may cover vocational assessment, job development and placement, training or education through the North Carolina community college or university systems, and job-seeking skills training.
• Death benefits – If a worker dies from their occupational disease, their survivors may receive weekly death benefits equal to two-thirds of their average weekly wage, plus up to $10,000 for burial expenses.

Proving a Claim for Occupational Disease Workers’ Comp in North Carolina

To receive workers’ compensation benefits for an occupational disease, the worker must prove with evidence that their work caused or significantly contributed to the development of the disease. Their work does not have to be the sole cause of the disease. If their exposure to a hazard or risk at work aggravates, accelerates, or worsens a pre-existing condition, they may still qualify for workers’ compensation benefits.

If the worker develops a disease not enumerated in the law, they must also prove that their work puts them at greater risk for getting that disease than an average member of the public.

Your employer and its workers’ compensation insurance provider will not just take your word for it. You will need to provide evidence of causation and, for unenumerated diseases, increased risk. You must have testimony from your doctor or another competent medical provider who can affirmatively connect the illness to your work.

Your employer, their insurer, or the North Carolina Industrial Commission may also require you to submit to an independent medical examination to confirm the diagnosis. In some cases, you may also need testimony from an ergonomic or occupational medical expert who can confirm that your work placed you at increased risk of developing the disease compared to the general public.

How Long Do You Have to File for Occupational Disease Benefits?

Because occupational diseases often develop over time, the deadlines to file a workers’ compensation claim can be confusing.

First, you must give written notice to your employer of your disease within 30 days of your doctor informing you of your occupational disease.

Second, you must file a workers’ compensation claim (Form 18) within two years of your doctor informing you of your occupational disease or your first onset of disability because of the disease.

Failure to meet either deadline could jeopardize your right to workers’ compensation benefits. As soon as you learn of an occupational disease associated with your work, inform your employer and consult our workers’ compensation attorneys to get started on your occupational disease claim.

Why You Need Our Workers’ Comp Lawyers for Your Occupational Disease Claim

Workers’ compensation claims for occupational diseases often face significant scrutiny. Employers and their insurance providers will look for any excuse to deny occupational disease claims. They may refute the causal connection between the work and the disease or downplay the elevated risk that workers face. Therefore, your claim needs to be complete and accurate, with thorough evidence to justify it. Otherwise, you may struggle to receive the benefits you deserve.

That’s why you need our workers’ compensation lawyers to help you file an ironclad claim. Our occupational disease attorneys can help you with the following:

• Keeping track of essential deadlines
• Gathering evidence that establishes a causal relationship between an occupational disease and your work
• Obtaining expert testimony to bolster your claim
• Accurately completing Form 18 to file your claim
• Fighting denials or terminations of benefits if necessary
• Representing your interests at mediation or hearings