Exposure to certain substances in the workplace can lead to occupational diseases like cancer, or chronic lung disease. And it can take years after the exposure for these diseases to manifest themselves. Still, most statutes only address specific defined diseases and many states carry a statute of limitations for reporting a claim that is less than what it takes for the symptoms to even develop. This creates a gap in insurance coverage for such diseases and makes for a very frustrating situation for the worker.

Occupational Disease versus Occupational Illness

It is important to discern between what an occupational disease is and what an occupational illness is. An occupational disease usually arises from harmful workplace exposure.An example would be someone who develops chronic bronchitis from working in a chemical plant. Another example is someone that develops carpal tunnel syndrome from performing repetitive motion as part of their job duties.

An occupational illness is when a specific illness or event takes place that causes the worker harm and impedes with his or her ability to perform their daily work activity. An example would be someone who slips and falls on spilled water that hadn’t been cleaned up and hurts their back. The incident caused acute occupational injury.

In other words, an occupational injury occurs from an uncommon, solitary event not expected to happen as part of the workers’ daily routine.  When a workers’ injury continues to develop over time from a specific exposure or activity, it is classified as an occupational disease.

Georgia Law

In Georgia, the law allows that occupational diseases can be handled as an accidental injury (O.C.G.A. §34-9-281). This would give the worker income and medical, and other benefits. To be compensable under Georgia law (O.C.G.A. §34-9-281(b), the disease must have:

•     Arose out of and during the employment in which the employee was engaged under such employer
•     Been contracted while the employee was so engaged
•     Resulted from a hazard characteristic of the employment more than the hazards of such disease attending employment.

Statutory Requirements

Georgia law requires multiple additional statutory requirements (O.C.G.A. §34-9-281) including:

•     A direct causal connection between the conditions under which the work is performed and the disease
•     That the disease followed as a natural incident of exposure by reason of the employment
•     That the disease is not of a character to which the employee may have had substantial exposure outside of the employment
•     That the disease is not an ordinary disease of life to which the general public is exposed
•     That 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.

Occupational diseases are caused by physical, biological, and chemical agents. The statute of limitations for filing a claim in Georgia is one year from the date of injury. Imperative is to remember that you have only 30 days to report the illness to your manager or you could lose all rights to workers’ compensation benefits. It is key you consult with a workers’ compensation attorney, so you receive all the benefits you have earned.