Workers' CompensationEmployees are right to expect to work in a safe and healthy environment. In fact, employers have a responsibility to provide their employees with a safe workplace.
Unfortunately, many people work in environments that expose them to harmful substances or unsafe conditions that can lead to several common types of occupational diseases.
These illnesses can range from mild to severe and can even be fatal in some cases. Occupational diseases can also significantly impact a person’s long-term health and quality of life.
In North Carolina, workers who suffer from occupational diseases may be eligible for workers’ compensation benefits, including coverage of medical treatment related to the disease, wage replacement at roughly two-thirds of your average weekly wage while you’re unable to work, compensation for permanent partial disability once you reach maximum medical improvement, and vocational rehabilitation if you can no longer perform your prior job.
If you or a loved one suffers from an occupational illness, it is important to seek legal assistance to help you pursue compensation.
You can reach our lawyers at 980-326-2270.
Key Takeaways
- North Carolina’s Workers’ Compensation Act lists specific occupational diseases that entitle workers to benefits when caused by workplace conditions or exposures.
- Respiratory illnesses such as asbestosis, silicosis, and work-related asthma are among the most common compensable occupational diseases in NC.
- Employers often deny occupational disease claims, making expert medical evidence linking your condition to your job essential for approval.
- Industries like construction, manufacturing, mining, and healthcare carry the highest occupational disease risk due to hazardous substances and repetitive strain.
- An experienced workers’ comp attorney can help gather the medical and scientific proof needed to connect your diagnosis to your workplace and secure fair benefits.
At Mehta & McConnell, PLLC, we can help you file a workers’ compensation claim and help you pursue the settlement you need to heal.
Our compassionate advocates have over 30 years of combined legal experience and a track record of case results helping clients who have suffered employment-related illnesses fight for the compensation they deserve.
What Is an Occupational Illness?
Occupational diseases are illnesses caused or worsened by work environments, including asthma, contact dermatitis, and musculoskeletal disorders.
Workplace absenteeism rises due to diseases including occupational asthma, avian influenza, HIV/AIDS, hepatitis B and C, occupational cancer, cardiovascular disease, Valley Fever, and ergonomic-related musculoskeletal disorders.
OSHA defines a “workplace” as “the establishment and other locations where one or more employees are working or are present as a condition of their employment.”
Under North Carolina G.S. 97-53, a disease is compensable when it is characteristic of and peculiar to a particular trade or occupation, and when the claimant can demonstrate a causal relationship between workplace exposure and the diagnosed condition. A workers’ compensation attorney can help obtain the occupational medicine evaluations and employment exposure records needed to satisfy this causation standard.
North Carolina sets strict filing rules for occupational disease claims. Under G.S. 97-58, employees generally must provide written notice to their employer within 30 days after being advised by competent medical authority that they have an occupational disease. They also generally must file a claim with the North Carolina Industrial Commission within two years. Unlike traumatic injury claims, these deadlines ordinarily do not run from the employee’s last day of exposure. Under Industrial Commission guidance, the two-year filing period generally runs from the later of the employee’s disablement (or death, if applicable) and the date the employee is advised by competent medical authority that the disease is occupationally related. Prompt medical evaluation remains important to document the condition and its connection to the workplace.
A person’s work environment includes physical locations as well as the use of any equipment or materials during their work.
Furthermore, a disease only becomes an occupational disease when it is more prevalent in a specific body of workers than in the general population or other worker populations.
In other words, the condition must relate to the work you have done.
For instance, if a chemist contracts anthrax from a specimen after a tube breaks, that illness counts as an occupational disease because it is related to the nature of the chemist’s employment and job tasks.
Conversely, if the same worker can easily encounter a specific disease outside the workplace—for instance, the flu—catching it at work does not make it an occupational disease.
What Are the Most Common Types of Occupation-Related Diseases?
North Carolina’s Workers’ Compensation Act (G.S. 97-53) lists specific compensable occupational diseases, including asbestosis, silicosis, byssinosis, lead poisoning, radiation-related conditions, and occupational hearing loss. Workers whose conditions fall outside the enumerated list may still qualify if they can prove the disease is characteristic of their occupation and caused by workplace conditions.
Occupational diseases include conditions caused by workplace hazards such as asbestosis, silicosis, hearing loss, and dermatitis.
But while there are many kinds of occupational diseases, a handful of occupational diseases are more common than others. Some of the most common occupational diseases are discussed below.
1. Respiratory Diseases
Occupational respiratory disease is a category of lung and airway conditions caused by inhaling toxic dust, fumes, chemicals, or biological agents in the workplace, with asbestosis, silicosis, and work-related asthma among the most common compensable forms in North Carolina.
Workers in industries such as mining, construction, and manufacturing are at a higher risk of developing respiratory diseases because of their exposure to harmful substances like asbestos, silica, and coal dust.
These substances can damage the lungs and lead to chronic conditions like asbestosis, silicosis, and chronic obstructive pulmonary disease.
These chronic conditions can cause difficulty breathing, coughing, chest pain, and fatigue.
2. Skin Diseases
Occupational skin disease includes contact dermatitis, chemical acne, and work-related skin cancer – all caused by repeated exposure to irritants, allergens, or carcinogens encountered on the job.
Workers in industries such as healthcare, cleaning, and construction are at a higher risk of developing skin diseases because of their exposure to harmful chemicals, irritants, and allergens.
This regular exposure can cause contact dermatitis, occupational acne, and skin cancer.
Contact dermatitis is a skin rash caused by exposure to irritants or allergens, while occupational acne is a skin condition caused by exposure to oils, greases, and other chemicals.
Sunlight, chemicals, and radiation exposure can cause skin cancer. All these diseases can cause skin damage and internal damage.
3. Chemical Poisoning
Occupational chemical poisoning is tissue and organ damage caused by absorbing, inhaling, or ingesting hazardous chemicals such as lead, mercury, benzene, and pesticides during the course of employment, and it affects agricultural workers, ranchers, health care professionals, lab workers, factory workers, and construction workers most often.
Because these laborers work with harmful chemicals like lead, mercury, asbestos, benzene, and pesticides, they often suffer from numerous health problems.
Chemical-caused diseases include heart disease, diabetes, multiple sclerosis, fertility and pregnancy abnormalities, thyroid disease, and chronic fatigue, to name just a few.
4. Infectious Diseases
Occupational infectious diseases are illnesses or health conditions caused by exposure to infectious workplace agents.
Workers in healthcare, laboratories, and animal handling jobs are at a higher risk of occupational infectious diseases, including diseases such as hepatitis B and hepatitis C, tuberculosis, human immunodeficiency virus, and COVID-19. Airline and cabin crew members face similar exposure risks in close-quarters aircraft cabins, which is why workers’ comp for flight attendants claims often involve infectious disease exposure alongside other occupational hazards.
These diseases can range from mild to severe and may even be fatal. Bacteria, viruses, fungi, and other microorganisms are often the cause of occupational infectious diseases, which is why these diseases are more prevalent in workers who work with human waste and biological agents.
For this reason, employees who work for employers that fail to provide proper protective equipment or follow appropriate safety protocols are at a higher risk of contracting infectious diseases.
5. Hearing Loss
Occupational hearing loss is permanent or progressive damage to auditory function caused by sustained exposure to workplace noise levels above 85 decibels, and it is a recognized compensable condition under the NC Workers’ Compensation Act.
Exposure to loud noise can cause temporary or permanent hearing loss. Workers in industries such as construction, mining, manufacturing, and aviation ground operations are at a higher risk of developing hearing loss. If you work on the tarmac, learn more about airport ramp worker injuries in our related guide.
This damage can lead to ringing in the ears, difficulty hearing, and sensitivity to noise. Hearing loss is an injury that can significantly impact a person’s quality of life.
6. Repetitive Strain Injuries
Repetitive strain injuries (RSIs) occur because of repetitive and forceful movements. Workers in the assembly, manufacturing, and construction industries are at higher risk of developing RSIs.
These injuries can result in tendinitis, carpal tunnel syndrome, and trigger finger. Tendinitis is tendon inflammation caused by overuse.
Trigger finger causes a finger to stick in a bent position because the finger’s tendon is inflamed, and it is caused by compression of the median nerve in the wrist.
7. Cancer
Occupational cancer is cancer caused or significantly contributed to by carcinogenic substances encountered in the course of employment, most commonly asbestos, second-hand smoke, and benzene.
Exposure to these and other harmful substances, such as radiation, can increase a worker’s risk of developing cancer.
Construction workers, roofers, print shop workers, metal workers, manufacturers, welders, factory workers, coal miners, and healthcare workers are at a higher risk of developing cancer.
Mesothelioma is a rare and aggressive cancer commonly caused by asbestos exposure, while benzene exposure can cause leukemia—both affect the blood and bone marrow.
These types of cancers can be challenging to diagnose and treat and are often fatal.
8. Mental Health Conditions
Occupational mental health conditions are psychological injuries, most often post-traumatic stress disorder (PTSD), anxiety, and depression, caused or significantly aggravated by traumatic or high-stress experiences on the job.
First responders face the highest exposure to this category: police officers involved in shootings, firefighters who witness fatal accidents, and 911 dispatchers who handle traumatic calls day after day. North Carolina law allows certain first responders to recover workers’ compensation benefits for PTSD when specific statutory requirements are met, including a diagnosis from a qualified medical provider connecting the condition to their work.
Workers outside the specifically listed first-responder categories may still be able to pursue a claim for a work-related mental health condition under the “catch-all” provision for occupational diseases, though these claims typically require stronger medical evidence connecting the condition to job duties.
Learn more in our detailed guide on mental health issues and workers’ comp.
9. Cardiovascular Diseases
Occupational cardiovascular disease refers to heart conditions, most commonly heart attacks and hypertension, caused or significantly worsened by extreme physical exertion, chronic stress, or hazardous exposure on the job.
Firefighters face a well-documented elevated cardiovascular risk from the combination of intense physical exertion, heat exposure, and smoke inhalation. Law enforcement officers and other high-stress occupations carry similar elevated risk.
Proving a cardiovascular occupational disease claim generally requires medical evidence linking the specific workplace exposure or exertion to the cardiac event, since heart disease is common in the general population and insurers frequently argue it developed independently of work.
For firefighters specifically, see our related article on occupational diseases and injuries for firefighters.
How Our NC Workers’ Comp Attorneys Can Help You
If you or a loved one suffers from an occupational disease, the skilled occupational disease lawyers at Mehta & McConnell can help you navigate the workers’ compensation claims process and protect your rights every step of the way.
Our experienced attorneys pride themselves on providing knowledgeable and compassionate representation and giving our clients the care, consideration, and attention they deserve.
Contact us today for a free consultation to learn more about how we can help you.
Frequently Asked Questions
What is an occupational disease under North Carolina workers comp law?
An occupational disease is a health condition caused or significantly aggravated by workplace conditions, hazardous exposures, or repetitive job tasks rather than a single traumatic event. North Carolina law under Section 97-53 of the Workers’ Compensation Act enumerates recognized occupational diseases, including conditions caused by toxic chemical exposure, repeated physical strain, and biological hazards. To qualify for workers’ comp benefits, you must show a direct causal link between your job duties and the diagnosed condition.
How is an occupational illness different from a work accident injury?
A work accident injury results from a single, identifiable traumatic event at a specific time and place, such as a fall or equipment malfunction. An occupational illness, by contrast, develops gradually over time as a direct result of repeated exposures or conditions inherent to the job. Both types are covered under North Carolina’s workers’ compensation system, but occupational disease claims require detailed medical documentation that establishes the connection between cumulative workplace exposure and the resulting health condition.
What characterizes an occupational disease for workers comp purposes?
An occupational disease is characterized by a causal relationship to the worker’s specific job environment or duties, distinguishing it from ordinary diseases of life that affect the general public equally. Classification requires that the condition is either listed under North Carolina’s recognized occupational disease statute or that evidence shows the work environment placed the employee at a greater risk of developing it. Employers often dispute these claims, making thorough medical evidence and experienced legal representation critical to a successful outcome.
Viral Mehta
Viral Mehta is a Managing Attorney at Mehta & McConnell Injury Lawyers in Charlotte, NC, and one of fewer than 1% of North Carolina attorneys holding a North Carolina State Bar Board Certification in Workers’ Compensation law. He spent the first decade of his career defending employers and insurance companies in workers’ comp claims before switching sides to represent injured workers. A North Carolina Super Lawyer (2024, 2025) and five-time Rising Star, Viral was also a contributing author of the 2017 North Carolina Workers’ Compensation LexisNexis Practice Guide and is certified by the North Carolina Dispute Resolution Commission as a Superior Court mediator.