blood tube collectionOccupational Diseases and Workers’ Compensation

With all of the buzz in the media about the threat of Ebola, a rare and deadly disease with a fatality rate of up to 90%, it leads me to question what exactly is considered an occupational disease and whether it is compensable under workers’ compensation.

Firstly, in order for an injury to be covered under workers’ compensation in North Carolina it must have been suffered by a specific “accident” in the course of your employment. Basically, something out of the ordinary must occur, like a slip or a fall.

Secondly, it has to be determined if your job put you at an increased risk for exposure to said disease. Was the employee actually benefiting the employer at the time of exposure?  For instance, a healthcare worker who contracted HIV or hepatitis as a result of contact with infected blood. Anything that the general public is equally exposed to will likely not be compensable.

Many factors will determine whether an illness is considered an occupational disease making it compensable through workers’ compensation. Every case is unique and would likely require legal and medical investigation. The key question stays the same, is the disease or illness peculiar to the job? If the answer is no it is likely you would not have a claim. If the answer is yes, you may have a valid workers’ compensation claim and you should contact our knowledgeable workers’ compensation department to help guide you through the process.

Campbell & Associates are skilled workers’ compensation attorneys serving the greater Charlotte area. With offices in Charlotte, Gastonia, Hickory and Rock Hill, SC we have experienced staff just a short distance away. Call today for a free consultation on your workers’ compensation injury claim at 704-333-0885.

Written by: Whitney Walker, Administrative Assistant, Campbell & Associates, Attorneys at Law