Atlanta Occupational Diseases Lawyer

Stephen R. Hasner
Managing Partner at Hasner Law PC
May 10, 2024

An occupational disease is a health issue stemming from exposure to hazards within a work environment. It’s crucial for your workplace to promote both physical and mental well-being, as well as inform workers of potential risks. While most employers associate workers’ compensation insurance with on-the-job injuries, it’s worth noting that this coverage also extends to occupational diseases.

Our Hasner Law team of Atlanta occupational disease attorneys understands the difficulties you face and stands ready to provide unwavering support and legal representation. We take immense pride in advocating for our clients and the wider community, particularly those enduring hardships due to the negligence of others. Through personalized client services and a dedicated commitment to forceful legal representation, we have secured millions in compensation for our clients. If you’re considering filing a claim related to a severe injury, contact our team to help ensure the most favorable outcome possible.

“Occupational disease” under GA § 34-9-280 “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, provided the employee or the employee’s dependents first prove to the satisfaction of the State Board of Workers’ Compensation ALL of the following:

(A) A direct causal connection between the conditions under which the work is performed and the disease;

(B) That the disease followed as a natural incident of exposure by reason of the employment;

(C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;

(D) That the disease is not an ordinary disease of life to which the general public is exposed;

(E) That 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…”

Types of Occupational Diseases in Atlanta, Georgia

Regarding workers’ compensation, occupational diseases can impact different bodily areas and may include:

  • Environmental exposure:
    • Lead poisoning
    • Radiation illness
    • Asthma
    • Dermatitis
    • Mesothelioma/lung diseases
    • Chemical poisoning
    • Bloodborne diseases
  • Physical stress:
    • Carpal tunnel syndrome
    • Tendonitis
    • Tennis Elbow
    • Temporary or permanent injury to muscles, nerves, ligaments, and tendons

Numerous workplace elements have the potential to lead to illnesses among employees while on the job. For instance, staff members can become unwell due to exposure to detrimental gasses or chemicals utilized during business operations. Additionally, employees can have health issues due to psychological or emotional distress and persistent workplace-related stress. Factors such as repetitive motions and exposure to extreme temperatures can also contribute to employees falling ill.

How to Report an Exposure Incident

An exposure incident refers to an unforeseen encounter with a chemical, physical, or biological threat resulting from a leakage, spillage, release, explosion, or direct physical interaction. Workplace hazards pertaining to health can trigger three types of bodily responses:

  • Immediate or acute reactions: Shortness of breath or nausea can be induced by isolated incidents, like a chemical spill, and are typically not enduring in nature.
  • Gradual reactions: Development of asthma or dermatitis (skin rashes) are a few examples and tend to worsen with extended exposure over days, weeks, or months.
  • Delayed reactions: These are health issues like lung cancer or hearing loss and are the result of sustained exposure to a substance or work-related activity and may become apparent long after the individual has ceased the job in question.

Regarding injuries, demonstrating a connection to work is frequently straightforward. For example, showing that a fall occurred on a job site or that a repetitive injury stemmed from a motion an employee consistently performed as a part of their work responsibilities is usually uncomplicated to establish.

Proving Occupational Disease

Occupational diseases encompass illnesses that are either cultivated or exacerbated due to specific types of work. Georgia law governing workers’ compensation enables employees to receive benefits for occupational diseases upon substantiating the work-related nature of the ailment. While each case presents unique circumstances, establishing the causative or aggravating link between a job and an occupational disease necessitates the demonstration of two key factors:

  • The disease arose out of and in the course of the employment in which the employee was engaged under such employer, was contracted while the employee was so engaged, and has resulted from a hazard characteristic of the employment in excess of the hazards of such disease attending employment in general; and
  • The claim is filed within one year after the date the employee knew or should have known of the disablement and its relationship to the employment. The claim may not be filed in excess of seven years.  There are some exceptions to this which an Atlanta, GA occupational diseases attorney can help navigate.

To secure the compensation necessary for a smooth recovery, a direct association needs to exist between a specific job and the disease, where certain aspects of the job heighten the likelihood of developing that disease. A prime example of an occupational disease was when numerous coal miners acquired black lung disease, resulting from conditions distinct to and characteristic of coal mining. 

Furthermore, the disease was not a common ailment experienced in everyday life, as the general public wasn’t exposed to comparable levels of coal dust in confined spaces, differentiating their exposure from that of coal miners. When navigating an occupational disease case, speak with our Hasner Law team about your circumstances and legal interests.

Speak With Hasner Law for a Professional Occupational Disease Lawyer Today

The repercussions you face from an occupational disease claim can impede your ability to carry out essential tasks and engage in activities you once cherished. At Hasner Law, we comprehend the significance of attaining justice and compensation, and we are committed to employing every possible effort to secure the most favorable outcome for your claim.

With a cumulative experience of over eight decades, our worker’s compensation lawyers in Atlanta are dedicated to advocating on behalf of residents in Georgia. We meticulously assess and investigate your circumstances, crafting individualized strategies that cater to the specific requirements of your case. Our team remains at your side throughout the legal and medical processes, offering unwavering support and access to the necessary resources for a seamless claims process. Call (678) 928-8784 or complete our contact form to speak with an Atlanta, GA occupation diseases lawyer today.

Author Stephen Headshot
Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.