In North Carolina, most workers’ compensation claims arise out of an injury by accident. However, some diseases or medical conditions that are caused by the employment may also be compensable.
Diseases or medical conditions that are caused by an accident or exposure at work are called “occupational diseases,” and under some circumstances can be compensable.
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Key Takeaways
- Occupational diseases are medical conditions caused or aggravated by exposures specific to your job in North Carolina, and they can be compensable under the Workers’ Compensation Act just like a sudden workplace injury.
- Common listed occupational diseases in NC include asbestosis, silicosis, hearing loss, and carbon monoxide poisoning, which are covered under a presumption of work-relatedness for workers in specific industries.
- The ‘catch-all’ provision in the NC Workers’ Comp Act extends coverage to conditions like carpal tunnel syndrome and PTSD, as long as the claimant can prove the disease is characteristic of their specific trade or occupation.
- Ordinary diseases of life are generally not compensable under NC workers’ compensation, unless the claimant can show a clear and greater risk of exposure due to their specific job duties.
- Charlotte workers who believe their illness is work-related should consult an occupational disease lawyer promptly, because proving causation requires careful medical and occupational documentation gathered as early as possible.
Types of Occupational Disease Claims Filed with the North Carolina Industrial Commission
The most common occupational diseases are specifically enumerated in the North Carolina Workers’ Compensation Act, and include:
- Lead and mercury poisoning,
- Synovitis,
- Carbon monoxide poisoning,
- Asbestosis and silicosis, and
- Hearing loss.
Workers in North Carolina who develop these conditions due to exposures in the workplace are presumed to have contracted an occupational disease for which they may be owed compensation.
However, other diseases and conditions may also be compensable in North Carolina, even if they are not specifically enumerated in the Workers’ Compensation Act.
Why Charlotte Workers Choose Mehta & McConnell for Occupational Disease Claims
- Specialized Knowledge of NC Workers’ Comp Act Provisions: Occupational disease claims require proving a direct connection between your condition and your specific job. Our board-certified attorneys know how to build that case under both the listed disease provisions and the catch-all provision of NC law.
- Former Defense Counsel Who Understands How Insurers Fight These Claims: Both Viral Mehta and Jason McConnell spent years defending insurance companies before representing workers in Charlotte. They know the arguments insurers use to dispute occupational disease causation.
- Experience Across a Range of Industries in Charlotte and Mecklenburg County: From manufacturing and construction to warehouse work and healthcare, we have represented workers across Charlotte and the surrounding NC region in a wide variety of occupational disease claims.
- Detailed Medical and Occupational Documentation Strategy: Winning an occupational disease claim depends on thorough medical evidence and a clear connection to your work environment. We coordinate with treating physicians and occupational health experts to build the strongest possible record.
- Free Consultation and No Fee Unless We Recover for You: We offer a free initial consultation and work entirely on a contingency basis, so there is no financial risk in reaching out today.
What Is a “Catch All” Provision in North Carolina Workers’ Compensation Act?
The North Carolina Workers’ Compensation Act also contains a “catch-all” provision to include any disease which is contracted due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment.
These diseases covered under the “catch-all” provision may be:
- Carpal tunnel syndrome,
- Asthma, and
- Post-traumatic stress disorder.
Importantly, these conditions, as well as ordinary diseases of life, are not compensable unless the claimant can prove that the employment placed them at a greater risk of developing the disease or condition than members of the general public.
Frequently Asked Questions
What qualifies as an occupational disease under North Carolina workers’ compensation law?
Under the NC Workers’ Compensation Act, an occupational disease is a condition caused by exposures or conditions characteristic of and peculiar to a particular trade, occupation, or employment. The Act specifically lists certain diseases including asbestosis, silicosis, hearing loss, and carbon monoxide poisoning. Other conditions may qualify under a catch-all provision as long as the claimant can prove the disease is directly related to their specific work.
What types of workers are most at risk for occupational diseases in Charlotte, NC?
Workers in construction, manufacturing, warehouse operations, healthcare, and chemical processing are among those at higher risk for occupational diseases in the Charlotte area. Conditions that commonly arise in these industries include hearing loss from prolonged noise exposure, respiratory diseases from inhalation of dust or chemicals, and repetitive motion conditions such as carpal tunnel syndrome.
Proving an occupational disease claim in North Carolina requires showing that the disease is characteristic of your specific trade or occupation and that your workplace exposure placed you at greater risk for the development of the disease or condition than members of the general public. This typically requires detailed medical evidence connecting your diagnosis to your work environment, as well as occupational history documentation. A Charlotte occupational disease lawyer can help coordinate this evidence-gathering process.
Can I file an occupational disease claim if my employer denies a connection to my work?
Yes. If your employer or their insurer denies that your condition is work-related, you have the right to appeal the decision before the North Carolina Industrial Commission. An experienced occupational disease attorney in Charlotte can review the denial, gather supporting medical and occupational evidence, and represent you throughout the dispute resolution process.
How long do I have to file an occupational disease claim in North Carolina?
The statute of limitations for occupational disease claims in North Carolina is generally two years from the date the worker knew or should have known that the disease was work-related, or from the date of disablement. Because the starting point for this deadline can be complex in occupational disease cases, speaking with a Charlotte workers’ comp lawyer as early as possible is strongly recommended.
Consult with a Charlotte Occupational Disease Lawyer Today
In most cases, expert medical evidence is required to prove a compensable occupational disease claim.
Often it will be necessary for the attorneys of Mehta & McConnell to take depositions of your medical providers. Other experts, such as ergonomic expert, may have to be retained and deposed.
The experienced attorneys at Mehta & McConnell, PLLC can help you meet the legal burden of proof for establishing a compensable occupational disease claim.
Contact us for a free and confidential consultation about your workers’ compensation claim.