Wednesday, October 5, 2011

I developed a sickness from my job. Is this covered by workers' comp?

Potentially. Georgia law provides that an "occupational disease" is compensable so long as certain statutory requirements are satisfied. Specifically, O.C.G.A. § 34-9-280 states that an "occupational disease" means "those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease." In addition, five requirements must be met: 
  1. There must be a direct causal connection between the conditions under which the work is performed and the disease;
  2. The disease followed as a natural incident of exposure by reason of the employment;
  3. The disease is not of a character to which the employee may have had substantial exposure outside of the employment;
  4. The disease is not an ordinary disease of life to which the general public is exposed; and
  5. 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.
Because of these strict statutory requirements, it can be difficult to prove an occupational disease claim. If you feel that you've developed an illness because of your job, you should contact an attorney right away to discuss your options. Even if you're not in the Athens, Georgia area, feel free to contact us and we will be glad to assist you with your claim.

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