Occupational Diseases in ...

Occupational Diseases in Columbia, South Carolina

Each year, American workers become ill after developing an "occupational disease," which is defined by the Occupational Health and Safety Administration (OSHA) as, "any abnormal condition or disorder, other than resulting from an occupational injury, caused by exposure to factors associated with employment."

The World Health Organization defines occupational disease as any disease that's contracted as a result of expose to risk factors that arise from a person's work activities. Some common occupational diseases include mesothelioma, asthma, black lung disease, hearing loss, respiratory problems, lead poisoning, baker's lung, and pesticide poisoning, but there are dozens more.

Under South Carolina's workers' compensation laws, almost all workers who suffer from an occupational disease are able to obtain benefits under the state's Workers' Compensation Act. Those who are not covered by workers' compensation, include:

  • Certain casual employees
  • Federal employees
  • Railroad workers
  • Agricultural workers
  • Real estate agents
  • Corporate officers
  • Employees who work for businesses with less than four employees

If you are not in one of the above categories, your occupational illness should make you eligible to receive workers' compensation benefits.

Let's look at South Carolina's laws: Section 42-11-10 defines "occupational disease" as a disease that arises out of the course of one's employment due to the hazards that are peculiar to a specific occupation.

Under § 42-11-10, a disease is not an occupational disease when:

  • It resulted from outside climatic conditions
  • It is a contagious disease
  • It is an ordinary disease that the general public is equally exposed to
  • It is a chronic disease of the skeletal joints

If a South Carolina worker is suffering from an occupational disease, it will be treated the same as an injury that arose from an accident. However, a disease is only recognized as an "occupational disease" if it was caused by a hazard that has been recognized to be associated with a specific process, trade or occupation as mentioned earlier.

Looking for a Columbia workers' compensation attorney to file a claim for an occupational disease? Contactthe Masella law Firm, P.A. for a free consultation.

Make a Payment

Click here to be taken to our secure payment page

Pay Now

Contact Us Today

Email Us Your Information

Contact Masella Law Firm, P.A. today to receive your initial consultation.

Please Choose:

Meet Our Team

Our Attorneys

Practicing Since 1998
Our firm comprises dedicated attorneys who are experienced in state and federal courts.

Read Our Profiles

Why Choose Us?

  • Prompt & professional
  • We fight every fight
  • Highly reccomended by past clients

What Are You Waiting For?

Don’t leave your future in jeopardy. Contact our firm for a consultation!

Case Evaluation
Superior client focus and advocacy! 100% Recommend! Absolutely superior client focus and professionalism! Mr. Masella defies the lawyer stereotype. While intelligent, he is personable and professional. He continuously demonstrated genuine care and concern for our rather unique situation: moving together as a new military family, while experiencing post-divorce custody challenges. Mr. Masella's expertise provided the path for us to move as a military family and mitigate post-divorce custody challenges. I highly recommend Mr. Masella and his team. Superior advocates and client focus!