Occupational Disease Lawyers in Cumming, GA

Occupational diseases are covered under the Georgia Workers’ Compensation Act, but they are subject to specific and stringent criteria outlined in O.C.G.A. § 34-9-280(2). To qualify as an occupational disease, the employee must prove all five statutory elements:

• A direct causal connection between the conditions under which the work is performed and the disease.
• The disease followed as a natural incident of exposure by reason of the employment.
• The disease is not of a character to which the employee may have had substantial exposure outside of the employment.
• The disease is not an ordinary disease of life to which the general public is exposed.
• The disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence [1, pp. 5][2, pp. 19][3, pp. 10][4, pp. 12][5, pp. 9].

The purpose of the occupational disease provisions is to compensate employees who face particular risks in their employment that may lead to specific, employment-related diseases [2, pp. 19]. However, the burden of proof for occupational disease claims is higher than for occupational injury claims, as the employee must satisfy all five criteria. If the employee fails to meet any of these elements, the claim will not be compensable under the Act.

Common types of occupational diseases that may be covered under workers’ compensation include:

• Occupational lung diseases, such as asbestosis, silicosis, and black lung disease.
• Occupational skin diseases, such as contact dermatitis and chemical burns.
• Occupational hearing loss, caused by exposure to loud noise in the workplace.
• Occupational musculoskeletal disorders, such as carpal tunnel syndrome and tendonitis.
• Occupational cancers, such as mesothelioma and leukemia.

If you think you have an occupational disease, it is essential to consult with an experienced workers’ compensation attorney to evaluate your case and determine the best course of action. An attorney can help you gather the necessary evidence, navigate the complexities of the workers’ compensation system, and advocate for your rights throughout the claims process.