Some workers in South Carolina develop diseases or chronic health conditions due to their exposure to hazards at work. These occupational diseases may entitle them to workers’ compensation benefits.
However, proving that an illness qualifies as an occupational disease can involve complex factual and legal issues, which makes it a process best left to an experienced occupational disease attorney. The South Carolina workers’ compensation attorneys at Jebaily Law Firm have the experience and resources to tackle challenging occupational disease cases.
If you’ve developed an occupational disease, contact Jebaily Law Firm to schedule a free case evaluation to discuss your workers’ comp benefits rights.
What Are Occupational Diseases?
Occupational diseases – also called occupational illnesses, industrial diseases, and workplace illnesses – refer to conditions contracted due to an employee’s exposure to risk factors on the job. An occupational disease that occurs directly and naturally from exposure to hazards unique to the workplace may entitle an employee to workers’ compensation benefits from their employer.
Common Occupational Diseases Covered by South Carolina Workers’ Compensation
Here are some examples of common occupational diseases that may entitle an employee to workers’ compensation benefits in South Carolina:
- Tuberculosis
- Pneumoconiosis
- Silicosis
- Asbestosis
- Mesothelioma
- Asthma
- Chronic obstructive pulmonary disease (COPD)
- Cancer
- Contact dermatitis
- Carpal tunnel syndrome
- Hearing loss
- Post-traumatic stress disorder (PTSD)
However, according to South Carolina law, some diseases, such as chronic diseases of the joints or cardiac diseases not caused by gaseous pressure or foreign matter in the body, do not qualify as occupational illnesses.
Who Is at Risk for Developing an Occupational Illness?
Workers in many different types of workplaces could develop occupational illnesses in South Carolina. A few examples of employees who may face higher risks of developing occupational diseases include:
- Paper mill workers
- Textile workers
- Power plant workers
- Food and beverage processing plant workers
- Miners
- Construction workers
- Welders
- Healthcare workers
- Machinists
- Agricultural workers
- Firefighters
Employer and Insurer Responsibilities in Occupational Disease Claims
An employer may have an obligation to provide workers’ compensation benefits to an employee who develops a work-related illness if the employee can demonstrate that their illness qualifies as an occupational disease.
Under South Carolina’s workers’ compensation law, an illness may qualify as an occupational disease if it arises out of and in the course of employment due to hazards that exceed those ordinarily occurring in employment and are unique to the employee’s occupation.
An occupational disease must occur due to a hazard unique to a particular trade, occupation, or process, or due to continuous exposure to normal working conditions. However, an illness does not qualify as an occupational disease if it:
- Does not result directly and naturally from exposure to unique hazards of an employee’s profession
- Results from exposure to outside climatic conditions
- It is a contagious disease resulting from exposure to fellow employees or a hazard that the employee would experience outside the workplace
- It is an ordinary disease to which the general public has equal exposure unless the employee has continuous exposure unique to their occupation, which makes the disease an inherent hazard
- It is a chronic disease of the skeletal joints
When an employee develops a qualifying occupational illness, employers and their workers’ compensation insurers have a responsibility to provide workers’ compensation benefits, including paying for necessary treatment and reimbursing them for a portion of their lost wages if they cannot work during treatment and recovery.
Pursuing Occupational Disease Claims in South Carolina
Occupational disease claims in South Carolina can give employees two avenues to seek financial compensation and support. First, qualified occupational illnesses can give employees the right to workers’ compensation benefits from their employers.
However, when an employee’s illness develops from exposure to hazards caused by a third party unaffiliated with the employer, such as toxic substances manufactured by other companies, the employee may have grounds for a third-party personal injury claim. Such a claim may allow them to recover compensation for financial and personal losses not covered by workers’ comp, including complete replacement of lost wages and non-economic damages like pain and suffering.
What Benefits Are Available for Victims of Occupational Diseases?
Employees who develop occupational diseases may have several avenues for seeking financial benefits and compensation. First, employees can file a claim for workers’ compensation benefits, including:
- Medical benefits – Workers’ compensation can cover the cost of all reasonable and necessary treatment for an occupational disease.
- Temporary compensation benefits – Employees who cannot work in their usual role while undergoing treatment for an occupational illness can receive partial reimbursement of their lost wages. The benefit is typically two-thirds of the worker’s average weekly wage, subject to a statewide cap.
- Permanent disability benefits – If an occupational disease results in permanent impairment for an employee, workers’ compensation can pay financial benefits based on the nature and severity of the disability.
When an employee develops an occupational illness due to a third party’s negligence, the employee may also have a personal injury claim against that third party that allows the worker to recover compensation for financial and personal losses, such as:
- Unreimbursed medical and rehabilitation expenses
- Costs of long-term disability care, such as home health services or installation of disability accommodations
- The full amount of lost wages from missed work
- Future lost wages due to reduced earning capacity
- Physical pain and emotional distress
- Lost quality of life due to physical disabilities, disfigurement, and scarring
How Our Lawyers Help Workers with Occupational Illnesses
The occupational disease lawyers at Jebaily Law Firm can help you pursue workers’ compensation and third-party claims by:
- Thoroughly investigating your case to obtain evidence proving your illness qualifies as an occupational disease under South Carolina law
- Gathering your medical and employment records to support your workers’ compensation claim
- Documenting your medical expenses and lost wages to ensure you receive the maximum compensation you deserve under the workers’ comp system
- Filing your workers’ compensation claim with your employer
- Negotiating with the workers’ comp insurance company on your behalf
- Pursuing a formal workers’ comp claim with the South Carolina Workers’ Compensation Commission if your employer and its insurer wrongfully deny or undervalue your occupational illness claim
- Pursuing a third-party personal injury claim against parties other than your employer and co-workers, whose negligence triggered your occupational illness
If you’ve been diagnosed with an occupational disease, you may have the right to receive workers’ compensation benefits and compensation through a third-party personal injury claim. Contact Jebaily Law Firm today for a free, no-obligation consultation with an occupational disease attorney to discuss your legal options for securing the financial benefits you need to treat your illness and recover.
