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The short answer: An occupational disease is an illness you develop over time from the normal conditions of your job, not from one workplace accident. South Carolina workers’ compensation covers many of these illnesses, from respiratory conditions to hearing loss, as long as you can tie the disease to your work. You generally have two years to file. For occupational diseases, though, that clock doesn’t start until you’re diagnosed and notified.
Learning that your workplace may be behind a chronic illness is unsettling. Maybe your lungs aren’t what they used to be. Maybe sounds are harder to make out. Maybe years of the same motion have left your hands aching. The questions pile up fast, about your health, your paycheck, and whether anyone will take the connection to your job seriously. West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945, and we can help. Your consultation is free, and you don’t pay us unless we recover benefits for you.
Here’s what our Summerville workers’ compensation lawyers cover in this guide:
– What an occupational disease is under South Carolina law
– The most common types of occupational disease
– Which industries carry the highest risk
– Why these claims can be hard to prove
– The filing deadlines that apply to your claim
What Characterizes an Occupational Disease Under South Carolina Law?
An occupational disease is an illness caused by the ongoing conditions of your job rather than a sudden event. Under South Carolina law, an occupational disease is a disease arising out of and in the course of employment that is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. Plainly put: the illness has to come from a workplace hazard that goes beyond everyday life.
That’s what sets an occupational disease apart from a standard workers’ compensation injury. A slip-and-fall fracture happens in an instant. An occupational disease develops slowly, often over months or years of exposure. South Carolina treats the disablement or death of an employee resulting from an occupational disease as an injury by accident, so you may be entitled to the same benefits, including medical treatment, wage replacement, and compensation for permanent disability.
What Are the Most Common Types of Occupational Disease?
Most occupational diseases trace back to long-term exposure to something harmful on the job. Common examples include:
– Respiratory conditions from breathing dust, fumes, asbestos, or chemicals.
– Hearing loss from years of loud machinery or equipment.
– Skin conditions, such as dermatitis, from contact with irritants or solvents.
– Repetitive motion disorders, such as carpal tunnel syndrome.
Not every work-related illness qualifies. South Carolina law limits coverage for stress, mental injuries, heart attacks, strokes, embolisms, and aneurysms without physical injury, particularly when they result from events incidental to normal employer/employee relations, such as personnel actions. Not sure whether your condition counts? That’s a question we can answer during a free consultation.
Which Industries Put Workers at the Highest Risk?
Workers in industries with heavy exposure to dust, chemicals, noise, or repetitive tasks carry the highest risk. In the Lowcountry, that means construction, manufacturing, warehousing, and shipping, along with healthcare, agriculture, and any job involving loud equipment or strong chemicals.
That said, an occupational disease can develop in almost any workplace. Your job title isn’t really the point. What matters is whether your work exposed you to a hazard that made you sick.
Why Are Occupational Disease Claims Harder to Prove?
These claims are harder to prove because you have to show the illness came from your job, not from something outside of work. Break a bone, and no one questions how it happened. With a lung condition or hearing loss, an insurance company may argue your illness came from smoking, aging, a hobby, or a prior job.
South Carolina law puts the burden on you. In a claim for an occupational disease, the employee must establish, by a preponderance of the evidence, that the occupational disease arose directly and naturally from exposure in this State to the hazards peculiar to the particular employment. That’s why strong evidence matters so much.
Evidence that strengthens your claim
The right documentation can be the difference between an approved claim and a denied one. Helpful evidence often includes:
– Medical records connecting your diagnosis to workplace exposure.
– Your work history showing how long and how often you were exposed.
– Testimony from doctors about the cause of your condition.
– Safety records or details about workplace conditions.
We handle gathering this evidence for you, so you can focus on your health while we build your claim.
What Are the Filing Deadlines for an Occupational Disease Claim?
You generally have two years to file an occupational disease claim in South Carolina, but the deadline works differently than it does for a sudden injury. Under state law, the right to compensation under this title is barred unless a claim is filed with the commission within two years after an accident, or if death resulted from the accident, within two years of the date of death.
For an occupational disease, the clock is more forgiving. For occupational disease claims, the two-year period does not begin to run until the employee concerned has been definitively diagnosed with an occupational disease and notified of the diagnosis. That protects workers whose illnesses take years to surface. Even so, waiting is risky. Evidence fades. It’s best to talk to a lawyer as soon as you suspect your job made you sick.
Contact West Law Firm Personal Injury Lawyers Today
An occupational disease can change your life, but you don’t have to face the workers’ compensation system alone. For more than 80 years, West Law Firm Personal Injury Lawyers has helped families across Moncks Corner and Berkeley County protect their rights. We know how insurance companies try to blame everything but the job, and we know how to answer them.
Contact West Law Firm Personal Injury Lawyers for a free consultation. Serving the Lowcountry since 1945. Call our Moncks Corner office in Berkeley County at 843-483-8630, or visit us at 207 Carolina Avenue, Moncks Corner, SC 29461. You don’t pay us unless we recover benefits for you.
Frequently Asked Questions About Occupational Disease Workers’ Compensation
Is an occupational disease really covered by workers’ compensation?
Yes. South Carolina treats a qualifying occupational disease as an injury by accident, so you may receive medical treatment, wage replacement, and compensation for permanent disability. The key is proving the illness is tied to your work.
What happens if the insurance company blames something other than my job?
That’s a common response, and it doesn’t mean your claim is over. Insurers often point to outside factors, such as age or lifestyle. With the right medical and employment evidence, we can push back and present evidence tying your condition to your job.
How much does it cost to hire a workers’ compensation lawyer?
Nothing to start. Your consultation costs you nothing, and we take these cases on a contingency basis, meaning attorney fees are paid only from the benefits we recover for you. No upfront cost, no risk in finding out where you stand.
What should I do if I think my job made me sick?
See a doctor and mention your work exposure, then report the illness to your employer right away. After that, call us at 843-483-8630. The sooner we start, the more evidence we can preserve to support your claim.