Occupational Disease VS Workplace Injuries

There is a difference between workplace injury and occupational disease. The second one is not something that happens in unfortunate events, but rather a thing that develops over the years spent at your workplace. Read on to learn more about occupational illness and workers’ compensation in North Carolina.

Occupational Safety and Health Administration (OSHA) defines occupational illnesses as “any abnormal condition or disorder caused by exposure to factors associated with employment.” Just like occupational injury, eligible illnesses are those that are directly related to the circumstances on the job. Some professions carry obvious risks for occupational disease, so it is possible for any employee to get an illness due to work.

It is not uncommon for your job conditions to cause you an illness or to worsen your existing disease. What is important is that you can seek workers’ compensation claim. For more information, you should consult an experienced Huntersville worker’s compensation attorney.

What are the common occupational diseases?

There are many occupational diseases that can affect various parts of the body, such as bones, muscles, skin and lungs.

These are the most common examples of occupational diseases:

  • Carpal tunnel syndrome
  • Chronic obstructive pulmonary disease
  • Contact dermatitis
  • Bronchitis
  • Asthma
  • Cancer
  • Asbestosis
  • Lateral epicondylitis, also known as tennis elbow
  • Hearing loss
  • Hand-arm vibration syndrome
  • Tendonitis
  • Rabies

How can you prove an occupational illness?

When filing a workers’ compensation claim for your occupational illness, you will have to prove that you got the disease while working your current job.

The first criteria is the test where you must prove that the disease occurred because of hazards that existed in your workplace.

The second criteria is that the symptoms and disease are consistent with those that are known to result from a physical, chemical, or biological factor related to your job.

If you pass the two criteria, then you must prove, based on the evidence, that your condition was caused by your employment. This means your illness is connected to actions in the course of your work.

Occupational disease assumptions

Certain diseases can be caused by certain types of employment. The connection of your disease to your job will be questioned, unless you provide evidence that the disease is linked to your employment.

For example, firefighters have an occupational disease if they are diagnosed with cancer, leukemia, hypertension or heart disease.

It is easy to say that they got the occupational disease because of their job and the exposure to high risks such as fire, chemicals, and other hazardous materials that are known to cause the upper mentioned illnesses.

Are you at risk?

It is very important to understand that every job puts their employees at some risk. No matter how safe your job is (you could be an accountant who spends 8 hours a day working at the computer, you still are at risk of developing an occupational disease such as carpal tunnel syndrome).

However, development of chronic health disorders is often seen in the healthcare, construction, auto repair, manufacturing, and factory work industries.

Can occupational illness affect your workers compensation insurance?

If you claim that you have an occupational disease, then you must prove that it was caused by a hazard existing at your workplace. Also, the symptoms of your disease must be compatible with other documented cases of the illness. If you can prove that your illness happened because of your work activities or environment, then you will not have any problems filing for your workers’ compensation. Your policy will offer you the coverage for the needed medical treatment, provide you with a part of your lost wages, and discuss the cost of your recovery.

However, things might get complex if you cannot prove that your occupational disease happened because of your exposure to the hazard at your workplace.

Work-related illness claims may be challenging. Often, workers are trying to manage the symptoms of their disease. Operating the workers’ compensation system may seem like a lot of work. It is not uncommon for employers and their insurance companies to undermine your claim, blaming your physical condition on other sources. In such cases, it would be the best if you hire an experienced workers compensation attorney that would help you in the further process.

Dealing with the North Carolina Industrial Commission and your company’s workers’ compensation insurance might be a big challenge.

Our team at Harman Law is here to offer you the knowledge and experience you need. Our lawyers have worked on such cases and would gladly review your case.

Contact Harman Law today to schedule your first consultation!

FAQs

What is the difference between a workplace injury and an occupational disease in North Carolina?
A workplace injury typically results from a specific unfortunate event, while an occupational disease develops gradually over time due to conditions or exposures in your work environment. In North Carolina, occupational diseases are defined as any abnormal condition or disorder caused by exposure to factors associated with your employment.
What types of illnesses qualify as occupational diseases under North Carolina workers’ compensation law?
North Carolina recognizes a wide range of occupational diseases, including carpal tunnel syndrome, asthma, chronic obstructive pulmonary disease, hearing loss, contact dermatitis, asbestosis, and even certain cancers. The key requirement is that the illness must be directly linked to the conditions or hazards present in your specific workplace.
How do I prove that my illness is work-related when filing a workers’ compensation claim in North Carolina?
To successfully file a workers’ compensation claim for an occupational disease in North Carolina, you must demonstrate that the disease arose from hazards existing in your workplace and that your symptoms are consistent with those known to result from a physical, chemical, or biological factor tied to your job. You must also provide evidence that your specific condition was directly caused by your employment activities or environment.
Am I at risk for an occupational disease even if I have a relatively safe office job in North Carolina?
Yes, every job carries some level of risk for occupational disease, regardless of how safe the work environment may seem. For example, an office worker who spends long hours at a computer can develop carpal tunnel syndrome, which qualifies as a compensable occupational disease under North Carolina workers’ compensation law.
What benefits can I receive through workers’ compensation if my occupational disease claim is approved in North Carolina?
If your occupational disease claim is approved in North Carolina, your workers’ compensation coverage can provide payment for necessary medical treatment, a portion of your lost wages, and compensation related to the costs of your recovery. However, it is important to work with an experienced workers’ compensation attorney to ensure you can meet the burden of proof required to secure these benefits.