Occupational diseases are illnesses or chronic health problems that develop due to your job or conditions in your workplace. If you or a loved one suffers from a work-related illness, our Atlanta occupational diseases lawyer can help you seek benefits for your medical treatment and lost wages with a workers’ compensation claim.
Since 2008, Bader Scott Injury Lawyers has fought for personal injury and workplace accident victims. We can assist with every aspect of your insurance claim or help you take legal action.
Workers’ Compensation for Occupational Diseases
Occupational diseases are illnesses that arise out of the “course and scope” of your employment. If you have a health condition related to your job performance or exposure to hazardous substances in your workplace, you can pursue a workers’ compensation claim.
According to O.C.G.A. § 34-9-281, workers harmed by an occupational disease can seek the same benefits as those injured by a workplace accident. These benefits may include:
- Medical coverage. You can get coverage for up to 400 weeks for any necessary medical treatment related to your occupational illness. Compensable expenses include diagnostic testing, prescription medications, medical procedures, physical therapy, nursing care, travel expenses, and more.
- Partial wages. If you qualify for disability benefits, workers’ compensation will pay you 66 percent of your normal weekly wage until you can return to your job. Wage benefits can last up to 400 weeks and cannot exceed $725 per week. You can also seek partial disability, which pays two-thirds of the difference between your current and pre-injury weekly wages.
- Death benefits. If your loved one died from an occupational disease, their surviving dependents can receive death benefits, which include medical coverage, compensation for funeral and burial expenses, and partial lost wages.
When Can You Seek Personal Injury Damages?
You may be able to recover additional damages with a personal injury or wrongful death lawsuit. Usually, you cannot sue your employer if they carry workers’ compensation insurance (which most Georgia businesses with three or more employees must do). However, our attorneys may be able to help you can take legal action if:
- Your employer does not provide workers’ compensation
- Your employers’ insurer wrongfully denied your claim, underpaid your settlement, or engaged in bad-faith tactics
- A third party, such as an equipment manufacturer or job site owner, is liable for your condition
A lawsuit allows you to seek damages not paid by workers’ compensation, including:
- Medical expenses
- Lost wages, including bonuses, health and retirement benefits, and other earnings
- Loss of your future earning capacity
- Physical pain
- Emotional distress
- Mental anguish
- Reduced quality of life
- Loss of a deceased loved one’s support, guidance, and consortium
For a free legal consultation with a occupational diseases lawyer serving Atlanta, call (404) 888-8888
Our Occupational Disease Attorneys Can Prove Your Disease Relates to Your Employment
To secure workers’ compensation, you must prove that your job caused your occupational illness. Accomplishing this can be difficult because, unlike a traumatic workplace accident, there is no one incident you can point to that shows when, where, and how your injury occurred.
According to O.C.G.A. § 34-9-280, you need to establish the following to receive benefits:
- There is a direct link between your occupational illness and conditions in your workplace
- Your health problems resulted from workplace exposure
- Your condition is not the result of exposure to toxic substances from an outside source
- Your occupational disease is not an illness to which the general public is typically exposed
- Your illness originates from workplace factors
Our Atlanta occupational diseases lawyer can help you do this using medical records, scientific and medical research, expert opinions, and more. In addition, our lawyers can:
- Help you fight against discontinuation of your medical benefits
- Stand up to your employer if they attempt to rush you back to work before you are medically ready
- Resolve disputes regarding your choice of physician or your covered treatment
- Appeal denied or undervalued workers’ compensation claims
- Represent you during a State Board of Workers’ Compensation (SBWC) hearing
- Represent you at trial if necessary
Our Firm Can Help You Get Started Today
Several important deadlines can affect your workers’ compensation claim. First, you must report your occupational disease to your employer within 30 days of learning of your illness. Second, in most cases, you have one year from when you notify your employer to file your claim, though circumstances can extend your time limit. Finally, if insurance denies your claim or you disagree with your settlement, you have one year to appeal.
If legal action is an option in your case, O.C.G.A. § 9-3-33 allows two years to file a personal injury or wrongful death lawsuit. Our Atlanta lawyers can help you file your claims or lawsuits on time. Additionally, a team member can help you get started on your case today with a free consultation.
Atlanta Occupational Diseases Lawyer Near Me (404) 888-8888
Common Occupational Diseases
According to the Centers for Disease Control and Prevention (CDC), common occupational diseases include:
- Skin conditions
- Chronic obstructive pulmonary disease (COPD)
- Fertility and pregnancy abnormalities
- Lower back disorders
- Carpal tunnel syndrome
- Infectious diseases and bloodborne illnesses
If you suffer from a health condition due to repetitive strain or because of exposure to chemicals, irritants, and other harmful substances, our Atlanta occupational disease lawyers can fight for you. Let us put our years of experience to work on your case so that you can turn your time and energy toward your health and family.
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The Atlanta Occupational Disease Lawyers From Bader Scott Injury Lawyers Are Here to Help
Bader Scott Injury Lawyers is committed to its clients, and our attorneys genuinely care about achieving the most successful outcome possible for you and your family. When you work with us, we will support you every step of the way, providing you with personalized, professional legal services. We will never leave you in the dark about your case, and you will always speak to your attorney or case manager the same day you call.
To learn more about our Atlanta workers’ compensation lawyer, contact us for a free consultation. We can tell you more about our firm and how we can represent you on contingency.