Georgia Occupational Disease Attorney

Do you have a medical condition relating to your job that may be eligible for workers’ compensation as an occupational disease?

Did a family member pass away because of an occupational disease?

The experienced Athens and Hartwell workers’ compensation and occupational disease attorney team at The Van Dora Law Firm can help you determine whether you have a potential claim. When you talk with us, we explain how Georgia law applies to occupational disease in employment, discuss the details about your situation, and provide you with guidance about your options for proceeding.

Our Van Dora attorney team has more than 60 years of combined experience in vigorously and successfully protecting the rights and interests of injured workers under the Georgia workers’ compensation laws. If you may have an occupational disease, or a loved one passed away from an occupational disease, we thoroughly investigate the circumstances, assist you throughout the claim process, and negotiate with your employer’s insurer to get the best possible outcome.

What Qualifies as an Occupational Disease?

While an occupational disease is sometimes referred to as an occupational illness, Georgia statutes use only the term occupational disease. To qualify as an occupational disease, the condition must arise out of and during employment due to exposure to the disease in the workplace. For an employer to be liable for workers’ compensation for an occupational disease, the employee (or their dependents, in the event of death) must prove:

• A causal connection between the disease and work conditions
• That the disease was a natural incident of employment exposure
• That the character of the disease is not of a nature that the employee may have had substantial exposure outside employment
• That the disease is not an ordinary disease of life to which the general public is exposed
• That the disease appears to originate in a risk connected with the employment, from which the disease occurred as a natural consequence

Causes of Occupational Disease

An occupational disease usually develops over time because of working conditions or a particular type of work. Toxic substances and hazardous materials may cause an occupational disease. Unsafe working conditions, heavy lifting work, a loud and noisy environment with insufficient personal protective equipment (PPE), and work that involves repetitive movements also may result in the development of an occupational disease. Examples of occupational disease include:

• Hearing loss
• Vision loss
• Pulmonary fibrosis
• Cancer
• Carpal tunnel syndrome
• Allergies and asthma
• Skin conditions
• Blood-related diseases
• Elbow, wrist, and back disorders
• Heart attacks and strokes

As explained in the preceding section, the worker must have medical evidence that there is a causal connection to the job for a condition or disorder to qualify as an occupational disease, and meet the other statutory requirements as well.

When Does a Claim Have To Be Filed?

Georgia law requires that a claim for occupational disease must be filed within one year of becoming aware of the illness. The State Board of Workers’ Compensation may consider whether there is a legitimate reason the claim could not be filed within the one-year timeframe. However, a claim cannot be filed more than seven years after the last harmful exposure to the hazard of the disease.

Workers’ Compensation Coverage For an Occupational Disease

A person who establishes a claim for an occupational disease receives the same coverage and amounts, with the same limitations and conditions, as an employee injured in a work accident. Weekly compensation is calculated in the same manner, but special provisions in the law apply to determining the date of injury and average weekly wage. Compensation includes medical, hospital, other treatment costs, and burial expenses if the disease results in death. Our Workers’ Compensation FAQ page provides more information about compensation.

How Can The Van Dora Law Firm Help You?

The laws and claims process for an occupational disease are extremely complex. If you think you may have an occupational disease, or lost a loved one because of an occupational disease, it’s important to act as quickly as possible to protect your workers’ compensation rights. Getting help from an experienced occupational disease attorney can be beneficial in determining whether you have a potential claim and in taking the necessary steps to protect your interests.

Our workers’ compensation lawyer team at Van Dora works hard to win the workers’ compensation benefits you deserve. We apply more than five decades of combined professional experience, knowledge, and skills to evaluate your situation and give you guidance about proceeding with a claim. Our track record of success for a wide range of clients and commitment to attentive personal service demonstrate our dedication to protecting and supporting our clients throughout the legal process.