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    Scenes from Joye Law Firm's Columbia office in May of 2024.

    Willie Robertson dedicated nearly 40 years to his job at a North Charleston factory. When he realized that his long-term noise exposure had led to hearing loss, he assumed his company would cover the cost of hearing aids.

    Unfortunately, he was mistaken. Not only did the company refuse to pay for the hearing aids, but they also denied any connection between his hearing loss and his work. Frustrated, Willie reached out to Joye Law Firm. Our workers’ compensation attorneys not only secured his hearing aids but also obtained additional benefits for him.

    Read the full case study

    South Carolina’s workers’ compensation laws cover employees who develop a work-related illness, but it isn’t always clear who is eligible. Many workers, like Willie, face an uphill battle in proving their job caused their illness. Read on to learn when an illness is covered under workers’ compensation in South Carolina and how Joye Law Firm can help ensure you receive the benefits you deserve.

    Does Workers’ Compensation Cover Illnesses?

    While most people associate workers’ compensation with physical on-the-job injuries, South Carolina law also offers workers’ comp to employees who become sick due to their jobs.

    However, catching a cold or flu at work does not make you eligible for workers’ compensation. To receive workers’ comp, the illness, referred to as an “occupational disease” in workers’ compensation claims, must be:

    • Caused directly by your work duties
    • A condition not considered an “ordinary disease of life,” like a cold or flu
    • Unrelated to the outside climate
    • Transmitted by someone other than a colleague
    • Unrelated to your joints

    Some illnesses also have specific requirements to be eligible for workers’ comp. For example, if your occupational disease affects your heart or lungs, the sickness must result from exposure to a harmful substance at work.

    Occupational Diseases Covered under Workers’ Comp

    chemical plant employee workingOccupational diseases can affect various parts of the body and range from mild conditions that improve with rest to severe, progressive diseases that may lead to death. Here are some common examples of illnesses that are covered under workers’ comp:

    Respiratory Diseases

    Respiratory diseases related to work involve conditions that impact the lungs and respiratory system, often due to exposure to harmful substances such as dust, fumes, and chemicals. Common work-related respiratory diseases include:

    • Asthma: Triggered or worsened by workplace irritants like fumes, chemicals, or dust, affecting workers in industries such as healthcare, manufacturing, and cleaning services.
    • Silicosis: Found in miners and stonecutters, this disease results from inhaling silica dust over long periods, leading to symptoms such as a persistent cough, shortness of breath, and chest pain.
    • Chronic Obstructive Pulmonary Disease (COPD): This progressive condition is aggravated by exposure to fumes, chemicals, and dust, particularly in industries like mining and manufacturing.

    Cancer

    Occupational cancers result from long-term exposure to hazardous substances or conditions, including:

    • Chemicals: Such as benzene, formaldehyde, and arsenic
    • Radiation
    • Heavy Metals: Like cadmium, chromium, and nickel
    • Silica Dust
    • Wood Dust
    • Textile Fibers
    • Pesticides
    • Asbestos

    Exposure to certain irritants has been scientifically linked to specific types of cancer. Mesothelioma, a type of cancer linked to asbestos, is particularly notable. Workers in construction, shipbuilding, and automotive repair face a higher risk of exposure to asbestos and, consequently, mesothelioma. This cancer often takes decades to develop, making early detection challenging and prognosis generally poor.

    Skin Conditions

    Occupational skin conditions can significantly affect a worker’s quality of life. The most common condition is contact dermatitis, characterized by red, itchy, and inflamed skin, often due to exposure to irritants or allergens such as:

    • Solvents
    • Detergents
    • Oils
    • Rubber
    • Latex
    • Certain Plants

    Hearing Loss

    Occupational hearing loss results from prolonged exposure to high noise levels or ototoxic chemicals (like lead, pesticides, and mercury). Common in industries with heavy machinery, construction, mining, and manufacturing, this type of hearing loss is usually irreversible. Preventive measures, including hearing protection and regular hearing tests, are essential for early detection and mitigation.

    Musculoskeletal Disorders (MSDs)

    MSDs affect the muscles, joints, tendons, ligaments, and nerves. They often result from repetitive actions, heavy lifting, or awkward body positions during work. Examples include:

    • Carpal Tunnel Syndrome: A nerve disorder affecting the hands and wrists, often seen in repetitive tasks like typing or assembly line work.
    • Tendonitis: Involves inflammation or irritation of a tendon due to repetitive motion or forceful exertion.
    • Arthritis: May develop or worsen from repetitive tasks, heavy lifting, or prolonged sitting or standing.
    • Tennis Elbow: Pain in the outer elbow from repetitive wrist and arm motions.
    • Trigger Finger: A condition where a finger or thumb gets stuck in a bent position, often due to frequent grasping or repetitive hand use.

    Chronic Pain Syndrome

    Chronic pain syndrome involves persistent pain lasting more than three months, often exacerbated by repetitive motion, heavy lifting, or prolonged sitting or standing. Unlike acute pain, which resolves with treatment, chronic pain can interfere with job performance and quality of life.

    Understanding these occupational diseases is crucial for recognizing symptoms and seeking appropriate medical care and compensation.

    Who Is at Risk for Developing an Occupational Disease?

    Even with the use of preventive measures and safety equipment, some occupational hazards increase the likelihood of workers developing job-related diseases and illnesses. Key factors include:

    Chemical exposure
    Prolonged exposure to toxic chemicals, solvents, or heavy metals can result in serious health conditions such as cancer, neurological disorders, and respiratory diseases. People who work in these fields are commonly at risk for this type of occupational illness:
    • • Manufacturing (especially in chemical production)
    • • Construction
    • • Mining
    • • Agriculture
    • • Automotive and Aerospace
    • • Textile and Garment Production
    • • Pharmaceuticals
    • • Oil and Gas
    • • Metalworking and Welding
    • • Electronics and Semiconductor Production
    • • Pulp and Paper Mills
    • • Waste Management and Recycling
    Physical strain
    Jobs involving heavy lifting, pushing, pulling, or repetitive motion can lead to chronic musculoskeletal issues such as arthritis, back pain, and joint problems. Professions most at risk include:
    Biological hazards
    Workers in healthcare facilities, laboratories, and other high-risk environments face the potential for long-term health issues from exposure to viruses, bacteria, fungi, and other biological agents. These hazards can lead to infections, respiratory conditions, and other serious illnesses. Occupations commonly exposed to biological hazards include:
    • • Nurses
    • • Doctors and Surgeons
    • • Phlebotomists
    • • Laboratory Technicians
    • • Paramedics and Emergency Medical Technicians (EMTs)
    • • Dentists and Dental Hygienists
    • • Veterinarians and Veterinary Technicians
    • • Biomedical Researchers
    • • Pathologists
    • • Funeral Directors and Morticians
    • • Environmental Services Workers (e.g., hospital cleaning staff)
    • • Home Health Aides and Caregivers
    Chronic Stress
    Certain professions are particularly susceptible to chronic stress, which can lead to a range of physical and mental health issues. These roles often involve high-pressure environments, demanding schedules, and significant responsibility, contributing to elevated levels of chronic stress. Industries most at risk include:
    • • Air Traffic Controllers
    • • Commercial Airline Pilots
    • • Construction Foremen
    • • Corrections Officers
    • • Emergency Medical Technicians (EMTs)
    • • Firefighters
    • • Iron Workers
    • • Lumberjacks
    • • Military Personnel
    • • Miners
    • • Newspaper Reporters
    • • Police Officers
    • • Public Relations Executives
    • • Roofers
    • • Senior Corporate Executives
    • • Taxi Drivers
    • • Teachers
    Repetitive motion
    Tasks involving repetitive movements or sustained postures, such as typing or assembly line work, can result in musculoskeletal disorders like carpal tunnel syndrome, tendonitis, and other overuse injuries. Professions most at risk include:
    • • Office Workers and Data Entry Clerks
    • • Assembly Line Workers
    • • Cashiers
    • • Seamstresses and Tailors
    • • Meat and Poultry Processors
    • • Dental Hygienists and Technicians
    • • Musicians
    • • Painters and Carpenters
    • • Bakers and Chefs
    • • Warehouse and Packaging Workers
    Dust and particles
    Prolonged inhalation of dust, fibers, or particles such as asbestos or silica can cause serious respiratory diseases, including asbestosis, silicosis, and chronic obstructive pulmonary disease (COPD). Professions most at risk include:
    • • Construction Workers
    • • Miners
    • • Demolition Workers
    • • Asbestos Removal Specialists
    • • Quarry Workers
    • • Factory Workers (e.g., textiles, insulation, and manufacturing)
    • • Welders and Metalworkers
    • • Shipyard Workers
    • • Stonecutters and Masons
    • • Agricultural Workers
    Poor ergonomics
    Improperly designed workstations or tools can lead to a range of long-term health issues, including musculoskeletal disorders, vision strain, and chronic pain. Professions most at risk include:
    • • Office Workers and Data Entry Clerks
    • • Graphic Designers and IT Professionals
    • • Manufacturing and Assembly Line Workers
    • • Cashiers
    • • Dentists and Dental Hygienists
    • • Surgeons
    • • Truck Drivers
    • • Warehouse Workers
    • • Lab Technicians
    • • Retail Workers
    Radiation Exposure
    Prolonged exposure to ionizing radiation can significantly raise the risk of cancer and other serious long-term health conditions. Professions most at risk include:
    • • Radiologists and X-ray Technicians
    • • Nuclear Power Plant Workers
    • • Medical and Dental Technicians
    • • Airline Pilots and Flight Crew
    • • Laboratory Researchers (working with radioactive materials)
    • • Radiation Therapists
    • • Industrial Radiographers
    • • Nuclear Medicine Technologists
    • • Miners (especially uranium miners)
    • • Astronauts
    Noise exposure
    Prolonged exposure to high noise levels in the workplace can lead to permanent hearing loss and other auditory issues. Professions most at risk include:
    Workers

    The Challenge in Obtaining Workers’ Comp for an Illness

    Getting workers’ comp for an illness is much more complicated than a physical injury. While workplace injuries only require proof that your injury occurred at work, workplace illnesses require proof that your condition resulted directly from your job duties or conditions on your work site.  You must have direct medical evidence that your employment caused or is highly likely to have caused your illness.

    South Carolina requires that you follow specific procedures to be eligible for workers’ compensation for an illness. These procedures include notifying your employer of your illness within 90 days, treating with a doctor of their choice, and filing your compensation claim within a set time. For occupational diseases, you must file within two years of being diagnosed with the condition. Failure to follow these procedures can result in a denial of your claim and loss of benefits.

    What Benefits Are Available for Victims of Occupational Diseases?

    Understanding the different types of benefits available under workers’ comp and how they apply to various situations is essential for ensuring you receive the compensation you are entitled to. From temporary and permanent disability benefits to coverage for death and specific impairments, navigating the workers’ compensation system can be complex.

    Temporary Total Disability Benefits:

    If you suffer a work-related illness that leaves you completely unable to work for a period, you may be eligible for compensation. This benefit provides 2/3 of your average weekly wage based on the four quarters preceding your injury. For those with multiple jobs, all wage sources are considered. As of 2024, the maximum weekly benefit is $1,093.67. Note that insurance carriers sometimes underestimate wages by not accounting for overtime or bonuses. Benefits continue until you reach maximum medical improvement (MMI), but after 150 days, insurers can request a hearing to potentially terminate benefits.

    Temporary Partial Disability Benefits:

    If an illness limits your ability to perform some job duties, you may qualify for temporary partial disability benefits. These benefits compensate for lost income due to reduced hours or lower-paying assignments. The benefit amount is 2/3 of the difference between your pre-injury average wage and your current restricted wage. For example, if you earned $900 weekly before the illness and $500 afterward, you would receive benefits for 2/3 of the $400 difference.

    Permanent Partial Disability Benefits:

    When an injury leads to permanent partial disability, affecting your ability to perform certain job functions and reducing your earning potential, you may be eligible for permanent partial disability benefits. Compensation is based on medical evaluations and the impact of the injury on your work life. A vocational consultant can be helpful in assessing the extent of the disability.

    Scheduled Member Disability Benefits:

    For illnesses that lead to permanent injuries like the loss of a limb, benefits are calculated based on an impairment rating given by a physician. If you believe the initial rating is too low, your attorney can arrange for an independent medical examination to potentially improve your compensation amount.

    Total and Permanent Disability Benefits:

    If your illness is so severe that no stable job market exists for you, you may qualify for total and permanent disability benefits. The assessment considers factors like the nature of your injury, physical restrictions, age, education, work history, and local economic conditions. Generally, benefits are capped at 500 weeks, except for severe cases like paralysis or brain injuries, which may qualify for lifetime benefits.

    Death Benefits:

    When a worker dies from a job-related illness, their dependents may be entitled to death benefits, including 2/3 of the deceased worker’s average weekly wage for up to 500 weeks and up to $12,000 for funeral expenses. Eligible dependents also include full-time students and those incapable of self-support.

    A workers’ compensation attorney from Joye Law Firm can help you navigate the complexities of the workers’ comp system and understand which benefits you are eligible for based on the outcome of your illness.

    How to File a Claim for an Occupational Illness

    You can file a workers’ comp claim for an illness on your own, but managing deadlines can be challenging when you’re sick. Seeking assistance from experienced South Carolina workers’ compensation attorneys at Joye Law Firm can make the process more straightforward.

    Step 1: Notify Your Employer

    South Carolina law requires that you let your employer know of any work-related illness or injury within 90 days of becoming sick. If you didn’t know you were ill (for example, you have an asymptomatic condition), you must notify your employer within 90 days after you find out or suspect that you have a work-related illness. Our attorneys can help you inform your employer appropriately, so you do not lose out on benefits.

    Step 2: Visit a Medical Professional Provided by Your Employer

    Once you report your illness to your employer, their insurance provider will refer you to a doctor. To be eligible for workers’ comp, you must treat with their doctor; seeing any other doctor may result in a denial of your workers’ compensation claim unless you were experiencing a medical emergency.

    Our attorneys can ensure you receive thorough medical treatment from your employer’s chosen physician and get a second opinion if a question arises about the quality of care or diagnosis you receive

    Step 3: File Form 50 with the Workers’ Compensation Commission

    Ill or injured employees must file Form 50, the workplace injury claim form, within two years of the diagnosis of their illness. A Form 50 is essential to protecting your right to benefits. Joye Law Firm has compiled all the necessary forms you may need for your workers’ compensation claim in one easy-to-understand resource.

    Step 4: Follow the Doctor’s Instructions

    Once you begin seeing a doctor for a workplace illness, you must follow the doctor’s treatment plan and schedule for returning to work. Not adhering to your treatment plan, refusing possible treatment, or refusing to return to work when cleared can make you ineligible for workers’ compensation benefits.

    If you don’t agree with the doctor’s suggestions or want a second opinion, you can speak to your employer’s workers’ comp representative and request another doctor.  You have no choice but to file for a hearing with the Workers’ Compensation Commission if they deny your request. The attorneys at Joye Law Firm can help you file and prepare for your hearing and represent you at the hearing for your claim. The employer and their insurance company will have their own attorney at the hearing, so it is crucial that the injured worker also has an attorney to be successful at a hearing.

    At any time: Consult a Workers’ Compensation Attorney

    Filing for workers’ compensation can be a confusing process.  Failure to provide or file required forms or documents, or comply with the many workers’ compensation statutes and regulations and complex deadlines can result in a loss of benefits and dismissal of the claim.

    Get the Benefits You Deserve with Joye Law Firm

    At Joye Law Firm, we are dedicated to helping victims of workplace illnesses earn the compensation they deserve. We’re ready to help you investigate the circumstances of your occupational disease and gather evidence for your claim. We can help you submit your workers’ compensation documents, represent you during a hearing, and answer your questions about the process.

    With a proven track record of recovering compensation for tens of thousands of injured and ill workers in South Carolina, we are dedicated advocates for those affected by workplace injuries. Our firm is recognized as a leader in workers’ compensation law. Managing Partner Ken Harrell is a prominent figure in the field, serving on the Board of Directors for the Workers’ Compensation Educational Association, and has been a past president of South Carolina Injured Workers’ Advocates, where he also co-chaired the legislative affairs committee for a decade.

    Matt Jackson, Head of our Workers’ Compensation Department, was the President of South Carolina Injured Workers’ Advocates in 2019 and remains on the Executive Committee. He was honored as the Lawyer of the Year for Charleston Workers’ Compensation Law by Best Lawyers in America in 2024.

    Contact us today for a free initial consultation and take the first step towards obtaining the benefits you’re entitled to after suffering a workplace illness.

     

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