Charlotte Occupational Disease Lawyer

When Work Exposure Becomes a Medical Condition

If you have developed an illness due to unsafe working conditions, you may be entitled to benefits under North Carolina workers’ compensation and occupational disease laws. Occupational diseases can occur over time from prolonged exposure to harmful chemicals, airborne particles, or other workplace conditions. With the help of a Charlotte occupational disease lawyer, you can learn if your illness is work-related and pursue the benefits you deserve.

Protecting Charlotte Workers at Butler, Quinn & Hochman, PLLC

At Butler, Quinn & Hochman, PLLC, we have served individuals and families throughout Charlotte, North Carolina, and Spartanburg, South Carolina for over a decade. Our attorneys have years of combined legal experience advocating on behalf of victims who have suffered serious injuries. We know that occupational illnesses can lead to financial stress if you need ongoing medical treatment or cannot return to the same type of work.

Our firm provides focused representation to help clients understand their options for benefits and resolve disputes related to workplace exposure, medical evidence, and disability benefits.

What Constitutes an Occupational Disease

An occupational disease develops as a result of an exposure or condition related to employment. North Carolina law outlines specific conditions that qualify as occupational diseases. Some of these include:

• Anthrax
• Arsenic poisoning
• Mercury poisoning
• Asbestosis
• Silicosis
• Lead poisoning
• Bursitis

However, the law also includes a general provision that covers diseases that are characteristic of and peculiar to a particular trade, occupation, or employment. This excludes ordinary diseases of life to which the general public is equally exposed outside of work. This language is significant because not every illness that develops during employment may qualify for workers’ compensation benefits.

For instance, if a factory employee develops lung cancer due to asbestos exposure on the job, they may be eligible for workers’ compensation benefits. An experienced Charlotte occupational disease attorney can review the medical diagnosis and work environment to determine if it meets the state’s definition of an occupational disease.

Common Types of Occupational Diseases

Employees can develop various diseases depending on the environment they work in and their exposure to harmful substances. Some of the most common types include:

• Respiratory diseases. Jobs that expose workers to dusty environments or chemical fumes can lead to respiratory diseases. Conditions such as occupational asthma, silicosis, and asbestosis are examples of respiratory illnesses that qualify as occupational diseases. Employees in construction, manufacturing, and warehouse work may be at risk for developing these conditions.
• Occupational cancers. Some cancers can develop from exposure to harmful carcinogens in the workplace. Asbestos exposure can lead to mesothelioma, a type of cancer that affects the lungs. Benzene is another chemical that can cause cancer in employees after prolonged exposure. To qualify for workers’ compensation benefits, there must be evidence that links the workplace to the diagnosed condition.
• Skin conditions. Skin diseases such as contact dermatitis can occur when employees are exposed to harsh cleaning chemicals or solvents. Employees who may be exposed to these types of conditions include healthcare workers, sanitation workers, and factory employees.
• Hearing loss. Long-term exposure to loud noises can cause hearing loss. Some workers who are around heavy machinery or work in loud factories may be at risk of hearing loss if they are not provided hearing protection.

Charlotte Occupational Illness Statistics

According to the United States Bureau of Labor Statistics, illness-related injuries continue to impact workers across North Carolina. According to the U.S. Bureau of Labor Statistics’ 2024 North Carolina workplace injury and illness report:

• In 2024, there were about 4,200 cases of occupational illnesses in North Carolina private industries.
• There were 64,200 nonfatal workplace injuries and illnesses combined in North Carolina private industries.
• Around 35,700 of these cases resulted in time off work, a transfer of job, or a restriction.

Proving an Occupational Disease Is Work-Related

Possibly the biggest hurdle in an occupational disease case is proving your medical condition was caused by exposure or risk at work. In North Carolina, this generally means showing that your employment increased your risk of developing the disease more than the general public. Additionally, your employment must have caused or significantly contributed to your condition.

While your medical records can diagnose your illness, they may not prove it was occupational. You may need to provide additional evidence of what substances you were exposed to at work and whether those exposures could have contributed to your disease. Documents such as employment records, workplace safety inspections, exposure monitoring records, and medical professional opinions may all be necessary.

For instance, imagine you work at a manufacturing job along Westinghouse Boulevard. If you develop shortness of breath after prolonged exposure to various chemicals in the workplace, you would need to prove your work conditions caused your disease. You would need to identify the specific chemicals you were exposed to long-term at work and obtain medical evidence showing those conditions led to your diagnosis.

Simply showing your disease occurred many years after beginning your employment is typically insufficient to prove work-related causation. Medical records may reveal other possible sources for exposure. Additionally, other factors may come into play based on your specific medical condition.

Filing an Occupational Disease Claim

Like most workers’ compensation claims, occupational disease claims are filed through the North Carolina Industrial Commission. If you believe you have an occupational disease, you should see a doctor as soon as possible. Once you begin experiencing symptoms, seek medical attention and inform your doctor of your work history and exposures.

Notice and filing requirements apply to occupational disease claims. Written notice must be given to the employer of the occupational disease by a competent medical authority. Additionally, employees have two years to file a claim. This timeline begins when the disease first manifests itself.

To start the process, most injured workers begin by filing a claim to inform their employer of the illness. This form notifies the employer of your intent to pursue benefits and begins the claims process. Keep in mind some occupational diseases have long latency periods. You may have developed exposure to a harmful substance years before your disease manifests itself. When this happens, there can be some dispute as to when your filing deadlines begin.

Workers’ Compensation Benefits for Occupational Illnesses

Employees who suffer from an occupational disease that meets workers’ compensation requirements may be eligible for medical treatment and wage-replacement benefits. Reasonable medical treatment necessary to treat your occupational disease is available. Treatments can include seeing medical professionals, medical tests, medications, and physical therapy.

If you are out of work due to your disease, you may be eligible for temporary total disability benefits. If you can still work but make less money due to your impairment, you may qualify for temporary partial disability benefits. Permanent impairments can also lead to additional compensation. The type and extent of benefits you receive depend on your diagnosis, your resulting disability, and various statutory limitations.

Workers’ compensation does not provide general damages for pain and suffering. Benefits under workers’ compensation differ from those available in a traditional personal injury claim.

Third-Party Claims Involving Occupational Diseases

In most cases, workers’ compensation bars you from filing a claim against your employer for an occupational disease. However, you may be able to file a personal injury claim against a third party if they contributed to your condition.

You must have more than mere exposure by a third party to file a claim. There must be some legally actionable conduct by the third party. Successful claims can provide you with compensation beyond that available through workers’ compensation, such as pain and suffering.

When an Occupational Illness Claim Is Denied

Insurance companies deny occupational disease claims for many reasons. They may dispute your diagnosis, argue your workplace exposure did not cause your condition, or allege you did not timely file your claim.

A denial of your claim doesn’t necessarily mean your case is over. You can file for a hearing before the North Carolina Industrial Commission and have your medical records and employment files reviewed by the Commission.

You may need to have your doctor testify regarding your diagnosis and workplace exposure. If there are factual disputes regarding exposure at work, you may need someone to testify regarding those conditions.

Employees in Charlotte need to know that workers’ compensation cases, or what we commonly refer to as occupational disease disputes, are not litigated in the Charlotte civil court system. The local courthouse, the Mecklenburg County Courthouse, with its address at 832 East Fourth Street, Charlotte, NC 28202, is located off of I-277 and the John Belk Freeway.

The courthouse handles State of North Carolina civil cases. Workers’ compensation claims navigate distinct administrative pathways. However, if you seek a third-party claim, it may be heard at one of the local courts.

Hire an Occupational Disease Lawyer Today

If you believe you have an illness due to your job, hire an occupational disease lawyer right away. An occupational disease lawyer in Charlotte can evaluate your diagnosis to determine if it meets the legal requirements for an occupational disease in North Carolina. Your attorney can identify what evidence is needed to prove your condition was caused by your employment.

At Butler, Quinn & Hochman, PLLC, our occupational disease attorneys can help you with workers’ compensation claims involving occupational diseases. We can review your medical records, identify any workplace exposures, and explain how North Carolina law applies to your case. You do not have to face this situation alone. Contact us today for the legal assistance you need.

Our Charlotte Law Firm Office​

Address: 4801 E Independence Blvd #700, Charlotte, NC 28212

Phone: 704-569-9800

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