How the North Carolina Workers' Compensation Act Protects Workers Exposed to Asbestos, Silica Dust, and Toxic Chemicals

The workers’ compensation system covers occupational diseases as well as traumatic injuries. If you have developed an occupational illness because of your exposure to toxins, materials, or conditions at your workplace, you could be entitled to workers’ compensation benefits to cover your medical expenses and offset part of your lost wages.

Some examples of disease-causing substances found in North Carolina workplaces include asbestos, silica dust, and various toxic chemicals. Employers are required to provide safe workplaces with adequate personal protective equipment, but many fail to meet their obligations. When they do, workers can develop severe illnesses like silicosis and mesothelioma due to toxic exposure at work.

Occupational disease workers’ comp claims are difficult to prove, so you should not try to handle your claim on your own. You need an experienced North Carolina occupational disease lawyer from Ward Black Law. In our 30 years of representing injured workers, we’ve obtained millions of dollars in settlements and awards for our satisfied clients.

One of our past clients wrote this about their experience with our law firm:

“Throughout the entire process, my family was very pleased with the communication, skill level and professional services provided by Gerard and his staff. I would definitely recommend Ward Black for asbestos litigation / workers compensation matters.” – Blair

We would be honored to represent you, too.

Contact us today at at (336) 333-2244 for a free consultation. We are ready to analyze your situation and explain your options for pursuing an occupational disease claim.

What Is the North Carolina Workers’ Compensation Act?

The Workers’ Compensation Act in North Carolina is legislation that provides medical benefits and partial wage replacement to workers injured on the job. The law requires employers with three or more employees to carry workers’ compensation insurance for their employees.

The law is designed to allow injured employees to get the help they need without needing to show that someone else’s negligence caused their injuries or occupational illnesses.

How the North Carolina Workers’ Compensation Act Protects Workers Exposed to Asbestos, Silica, and Toxic Chemicals

The Act includes workers’ compensation occupational disease provisions. That means someone who is exposed to a variety of specifically listed chemicals, substances, and toxins can obtain workers’ compensation benefits for the disease they acquired because of their job.

Section 97-53 of the Act lists conditions that are deemed to be occupational diseases. The list includes asbestosis, silicosis, and poisoning from multiple toxic chemicals.

Under the Act, if the ill person was exposed to the toxic substance for 30 days in the prior 12 months, the Act creates a presumption that the employee is at an increased risk of acquiring the disease. They will still have to prove that their employment contributed to the development of their condition in a significant way.

Common Occupational Diseases Covered Under North Carolina Workers’ Compensation Law

Workplace illnesses specifically listed in the Workers’ Compensation Act include the following health conditions:

• Asbestosis
• Silicosis
• Anthrax
• Arsenic poisoning
• Brass poisoning
• Zinc poisoning
• Manganese poisoning
• Lead poisoning
• Mercury poisoning
• Phosphorus poisoning
• Poisoning by methanol, naphtha, carbon bisulfide, or volatile halogenated hydrocarbons
• Chrome ulceration
• Compressed-air illness
• Poisoning by benzol or by nitro and amido benzol derivatives
• Epitheliomatous cancer or ulceration of the skin or of the corneal eye surface from pitch, tar, bitumen, mineral oil, or paraffin
• Radium poisoning
• Carbon monoxide poisoning
• Poisoning by hydrochloric, sulphuric, or hydrofluoric acid
• Psittacosis
• Undulant fever
• Smallpox infection

Industries in North Carolina Where Hazardous Exposure Is Common

Toxic chemical exposure in NC workplaces may occur in a wide range of industries. Some of the primary ones are chemical manufacturers, industries that create or use agricultural chemicals, hazardous waste management, and companies that create or use pesticides. Asbestos exposure is common in many settings, even some that seem to be otherwise safe and free from hazardous materials.

Under North Carolina’s Hazardous Chemicals Right to Know Act, employers who manufacture, process, store, produce, or use at least 55 gallons or 500 pounds of hazardous chemicals must keep and annually update a list of hazardous chemicals that must be provided to the local fire chief. In addition, any person in North Carolina can request a list of chemicals used or stored at a facility.

Who Qualifies for Workers’ Compensation for Occupational Diseases?

An employee can qualify for benefits for an occupational disease if their employment placed them at a greater risk of acquiring the disease than the general public. They must also show that their condition directly resulted from their work environment or work-related tasks. Medical evidence can serve as proof, such as testimony from a doctor and the worker’s medical records.

Benefits may be available if exposure to a risk of employment exacerbates or accelerates the development of a pre-existing disease. The worker must show that their disease would not have progressed as far without the workplace exposure.

The worker has two years from the date of diagnosis or from the date when they should have known their disease was caused by their work to file a workers’ compensation claim. If they miss the deadline, they will not qualify for benefits.

Benefits Available Under the North Carolina Workers’ Compensation Act

People who suffer from a workplace exposure illness and have successful claims are entitled to the benefits under North Carolina law, including:

• Medical benefits – Medical treatment necessary to treat the work-related condition.
• Temporary total disability benefits (TTD) – If the worker cannot work due to their illness, TTD benefits are payable at 66 2/3 percent of the worker’s pre-injury average weekly wage (AWW).
• Temporary partial disability benefits (TPD) – When the worker returns to light-duty work or work within their restrictions that pays less than their regular job, Temporary partial disability benefits pay 66 2/3 percent of the difference between their current wage and their AWW.
• Permanent total disability benefits (PTD) – The worker may qualify for PTD benefits if they lose two parts of their body, if they suffer paralysis, if a severe brain injury results in significant impairment, or if they have severe burns over their entire body.
• Permanent partial disability (PPD) – If a worker suffers permanent impairment to a part of their body, their doctor will supply an impairment rating. The rating can be used in conjunction with the schedule of injuries and the worker’s AWW to arrive at their PPD payment.
• Vocational rehabilitation – If the worker cannot return to their pre-injury job, they may qualify for job retraining.

How a North Carolina Occupational Disease Lawyer Can Help

If you have been diagnosed with a work-related illness, our North Carolina asbestos lawyers can help you seek the benefits you deserve by:

• Investigating the cause of the illness
• Obtaining your medical records
• Handling your application and all issues with the North Carolina Industrial Commission (NCIC)
• Negotiating with your employer’s insurance company
• Pursuing a full and fair settlement
• Taking your case to a hearing before the NCIC if the insurance company won’t be reasonable

Speak With a North Carolina Occupational Disease Lawyer Today

If you have been diagnosed with an occupational disease, you have enough on your plate without worrying about how to get the benefits you need through the claims process. Let us handle your workers’ compensation claim for you while you focus on your health.

Contact the experienced workplace injury lawyers at Ward Black Law for your free consultation today at (336) 333-2244 or contact us online.