Raleigh Occupational Disease Lawyer

It’s possible for your application to be denied when you first request benefits, even if your claim is valid. However, a denial does not mean the end of your case. You have the right to challenge the denial through the North Carolina Industrial Commission.

To start, you must file a formal request for a hearing (Form 33). At the hearing, you can present medical records, test results, employment records, and expert testimony to demonstrate the connection between your job and your illness. If you still do not receive your workers’ compensation benefits after a hearing, you can appeal the decision with the Full Commission and then the North Carolina Court of Appeals.

Insurance companies might argue that your condition developed from factors unrelated to your job or that it existed before you were employed. A strong approach at your hearing requires evidence that directly addresses those arguments. A Raleigh workers’ compensation lawyer can collect the right medical evidence, question employer witnesses, and cross-examine the insurance company’s experts.

Compensation Available for an Occupational Disease

If you develop an occupational disease in North Carolina, workers’ compensation benefits can provide several types of financial and medical support. The types and amounts of benefits you can get will depend on how your illness affects your ability to work and the extent of any lasting harm you suffer. However, workers’ comp benefits for occupational disease injuries may include:

• Medical expenses – Your benefits can cover all reasonable and necessary medical care related to treating your condition. This includes the costs of doctor’s visits, hospital stays, prescription medicines, diagnostic tests, and rehabilitation services. You can also get reimbursed for travel costs for your medical appointments that are more than 20 miles round-trip (C.G.S. §§ 97-2, 97-25).
• Temporary total disability – If your illness prevents you from working at all, you could qualify for temporary total disability (TTD) benefits. These benefits replace two-thirds of your average weekly wage, subject to yearly maximum amounts set by the state. TTD continues as long as you cannot work, for up to 500 weeks in most cases (C.G.S. § 97-29).
• Temporary partial disability – If you can return to work but your condition forces you to work fewer hours or take a lower-paying job, you could receive temporary partial disability (TPD) benefits. TPD benefits cover two-thirds of the difference between your pre-injury average weekly wage and what you are limited to earning now as a result of your workplace injury (C.G.S. § 97-30).
• Permanent partial disability – If your occupational disease leaves you with a lasting disability that affects your ability to earn what you did before, you could be eligible for permanent partial disability (PPD) benefits. These benefits are calculated using a schedule that assigns a set number of weeks for loss of certain body parts or functions. The amount of PPD benefits you can receive is based on your disability rating, which reflects your overall loss of function (C.G.S. § 97-31).
• Permanent total disability – If you develop a condition that prevents you from ever returning to work in any capacity, you could receive permanent total disability (PTD) benefits. These benefits are paid at the same rate as TTD payments, but they can potentially continue for life (C.G.S. § 97-29).
• Vocational rehabilitation – If your condition limits your ability to return to your old job or earn as much as you did before, you could qualify for vocational rehabilitation benefits. These cover services like job retraining, education, and help with job placement to support your return to the workforce (C.G.S. § 97-32.2).
• Death benefits – When a worker dies from an occupational disease, their family may be eligible to receive death benefits. These replace up to two-thirds of the employee’s average weekly wage and can generally continue for up to 500 weeks. Death benefits can also cover up to $10,000 for funeral expenses (C.G.S. § 97-38).