What Is a Workers' Compensation Case?

Diagnosed with an occupational disease from workplace exposure in Georgia or South Carolina? Our attorneys pursue workers' comp benefits and third-party claims for toxic exposure, lung disease, and occupational cancers.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law ·

Key Takeaways

If you were hurt on the job, workers' compensation runs on its own filing deadlines, separate from the personal injury statute of limitations: in Georgia, 1 year from injury, extended by employer-paid treatment or benefits (O.C.G.A. § 34-9-82); in South Carolina, 2 years from the accident (S.C. Code § 42-15-40). You must also report the injury to your employer well before those dates, and that notice deadline is much shorter. Workers' compensation is a no-fault system: you do not have to prove your employer was negligent, and being partly at fault does not bar benefits. It does not, however, pay for pain and suffering. If someone other than your employer contributed to the injury, a separate third-party claim may recover damages workers' compensation cannot. Roden Law represents injured workers in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Legal Representation for Occupational Disease Claims

Occupational diseases are illnesses and health conditions caused by exposure to hazardous substances or conditions in the workplace over an extended period. According to the National Institute for Occupational Safety and Health (NIOSH), millions of American workers are exposed to substances that have been linked to cancer, respiratory disease, neurological damage, and organ failure. Workers in manufacturing, construction, mining, agriculture, healthcare, and the maritime industry face the highest risk.

At Roden Law, our occupational disease lawyers handle complex exposure claims throughout Georgia and South Carolina. These cases require specialized knowledge of toxicology, industrial hygiene, and the medical science linking workplace exposures to specific diseases. We build the evidence needed to overcome the significant challenges these claims present.

Workers’ Compensation for Occupational Diseases

Georgia law defines an occupational disease as a disease arising out of and in the course of employment that is caused by hazards recognized as peculiar to a particular trade, occupation, or process (O.C.G.A. § 34-9-280). South Carolina’s occupational disease provision (S.C. Code § 42-11-10 et seq.) provides similar coverage, defining an occupational disease as one that is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, or employment.

Unlike traumatic injuries with a clear date of occurrence, occupational diseases develop over months or years of exposure. Both states allow claims when the disease becomes manifest and the worker knows or should know it is work-related.

Common Occupational Diseases

Our attorneys handle the full spectrum of occupational disease claims, including:

  • Mesothelioma and asbestosis: Caused by asbestos exposure in construction, shipbuilding, and manufacturing
  • Occupational asthma: Triggered by inhaling dust, chemicals, fumes, or biological agents
  • Silicosis: Lung disease from inhaling crystalline silica dust in mining, sandblasting, and stonecutting
  • Occupational cancers: Bladder, lung, and blood cancers linked to benzene, formaldehyde, and other carcinogens
  • Hearing loss: Permanent damage from prolonged noise exposure exceeding safe decibel levels
  • Lead poisoning: Neurological damage from exposure in painting, battery manufacturing, and demolition
  • Dermatitis: Chronic skin conditions from chemical and irritant exposure
  • Infectious diseases: Healthcare workers exposed to bloodborne pathogens, tuberculosis, and COVID-19

Proving an Occupational Disease Claim

Occupational disease claims require establishing a direct link between workplace exposures and your diagnosed condition. Key evidence includes a complete occupational history documenting all workplace exposures, medical records and diagnostic testing confirming the disease, expert medical testimony on causation, industrial hygiene reports measuring exposure levels, employer safety records and Material Safety Data Sheets (MSDS), and OSHA inspection and citation records. Insurance companies aggressively challenge occupational disease claims, arguing that the illness has non-occupational causes or that exposure levels were too low to cause the condition. Our attorneys work with leading occupational medicine physicians and industrial hygienists to build compelling causation evidence.

Third-Party Liability in Occupational Disease Cases

Beyond workers’ compensation, occupational disease victims may have claims against manufacturers of toxic chemicals, asbestos products, or hazardous materials, contractors who created exposure conditions, and property owners who failed to remediate known hazards. These third-party claims provide access to full compensatory and punitive damages not available through workers’ comp.

Statutes of Limitations for Occupational Disease

Georgia’s statute of limitations for occupational disease claims is one year from the date the employee knew or should have known the disease was occupationally related (O.C.G.A. § 34-9-281). South Carolina allows two years from the date of disability or the date the employee knew or should have known the disease was work-related (S.C. Code § 42-15-40). Because these deadlines can be complex, early consultation with an attorney is critical.

Why Choose Roden Law for Occupational Disease Claims

Occupational disease cases are among the most complex workers’ compensation claims. Our attorneys combine legal expertise with knowledge of toxicology and occupational medicine to build winning cases. We represent workers throughout Georgia and South Carolina on a contingency fee basis — no fee unless we recover compensation for you.

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What to Do After a Workplace Injury

  1. Report the injury to your employer. Notify a supervisor or HR in writing right away, and no later than 30 days after the injury (O.C.G.A. § 34-9-80). Missing it can bar your claim entirely.
  2. Get medical care from an authorized physician. Your employer should post a panel of physicians. Treating outside that panel without approval can leave you responsible for the bills and give the insurer a reason to dispute your claim — ask for the panel before you choose a doctor, except in an emergency.
  3. Ask for the posted panel of physicians in writing. If your employer has no valid posted panel, or refuses to provide it, you may be entitled to choose your own treating doctor. Keep a copy of the request.
  4. Document the injury and the conditions that caused it. Photograph the equipment, work area, and any hazard. Note who witnessed the incident and what you reported, to whom, and when. Keep copies of every form you sign.
  5. File your claim before the deadline. Reporting the injury to your employer is not the same as filing a claim. File with the State Board of Workers' Compensation (form WC-14) — 1 year from injury, extended by employer-paid treatment or benefits (O.C.G.A. § 34-9-82).
  6. Do not give a recorded statement without advice. The insurance adjuster works for your employer's carrier, not for you. You are generally not required to give a recorded statement before speaking with an attorney.
  7. Ask whether you also have a third-party claim. Workers' compensation does not pay for pain and suffering. If someone other than your employer contributed to the injury — a negligent driver, a contractor on site, or a defective machine's manufacturer — a separate claim may recover damages comp cannot. Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 1 year from the date of injury (O.C.G.A. § 34-9-82).
  • In South Carolina, you have 2 years (S.C. Code § 42-15-40).
  • Georgia: Notify your employer right away, and no later than 30 days after the injury (O.C.G.A. § 34-9-80).
  • South Carolina: Notify your employer right away, and no later than 90 days after the injury (S.C. Code § 42-15-20).
  • Workers' compensation is a no-fault system. You do not have to prove your employer did anything wrong — you have to show the injury arose out of and in the course of your employment, and that you met the notice and filing deadlines.

How negligence, compensation, deadlines and fault work: Workers' Compensation Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Occupational Disease Lawyers Today

If you were hurt on the job, contact us for a free, no-obligation review of your workers’ compensation claim and any third-party claim — at no upfront cost.