Workers’ Compensation for Occupational Diseases: What Are Your Rights?

Reviewed By: Personal Injury Team Last Updated: July 30, 2026

When it comes to the workplace, it can be easy to spot an accident waiting to happen. From a product leak to falling off a ladder, being alert to your surroundings can help you avoid a catastrophe and save you from a devastating injury.

But what happens when you can’t see a harmful accident on the horizon?

Occupational diseases can be a result of certain exposures or conditions in the workplace that develop over time, such as ongoing exposure to toxic chemicals. Given the long-term nature of occupational diseases, how do you seek justice in your workers’ compensation claim?

Keep reading to find out!

biohazard area due to occupational disease in workplace

What is an Occupational Disease?


An occupational disease is an infection or disease that develops over time due to ongoing exposure to certain harmful conditions or exposures within the workplace.

Occupational diseases or conditions are typically the direct result of one of the following factors:

  • Chemical exposures
  • Physical strain
  • Biological hazards
  • Environmental (excessive dust), noise exposure, etc.
  • Radiation exposure
  • Repetitive movements

According to the World Health Organization (WHO), of the nearly two million people who die every year from work-related causes, 81% of those deaths are caused by non-communicable diseases.

Despite occupational diseases being preventable, the moral and economic benefits often outweigh the cost of eliminating these workplace hazards, resulting in faulty and potentially dangerous working conditions.

What is Considered an Occupational Disease?

Occupational diseases can wreak havoc on many areas of the body, ranging in severity from mild to progressive, fatal diseases.

Respiratory Diseases 

Respiratory diseases are conditions that affect the lungs and other areas of the respiratory system. Ongoing exposure to substances such as dust, fumes, chemicals, and other airborne irritants may result in various diseases.

Common occupational respiratory diseases include asthma, asbestosis, and chronic obstructive pulmonary disease (COPD).

COPD is a progressive lung disease that can become aggravated due to ongoing exposure to fumes, chemicals, and dust. Within the 81% of non-communicable diseases that result in death, COPD ranks number one.

Cancer 

Prolonged exposure to chemicals, asbestos, radiation, heavy metals, and pesticides could result in occupational cancer.

The most well-known type of occupational cancer is mesothelioma, which is linked to asbestos exposure. Mesothelioma can take decades to manifest itself, making early detection and seeking compensation later on a challenging endeavor.

Skin Conditions 

While it may not be the first thing you think of in terms of an occupational disease, skin conditions are among the most common types of diseases to develop as a result of the workplace.

Skin conditions often develop from direct contact with allergens or irritants, such as solvents, oils, latex, rubber, and detergents. One of the most common work-related skin conditions is contact dermatitis, which results in itchy and inflamed skin.

What is Needed to Prove My Occupational Disease Claim? 

Despite occupational diseases being quite common, they are some of the most challenging cases to prove and diagnose. Unlike occupational injuries that occur after a specific event, occupational diseases develop over long periods of time, sometimes months or even years after the initial exposure.

The good news is in South Carolina, workers’ compensation is available to those who develop an occupational disease or illness. The challenge? Proving it was a direct result of your employment.

To prove your condition is a direct result of your employment, your workers’ compensation attorney will have to meet ALL of the following criteria:

Physician’s Opinion

A physician must present that work conditions, with a greater than 50% chance, were the cause of your disease or have aggravated a pre-existing condition. This will include diagnostic tests such as X-rays, blood tests, or other imaging studies related to the condition.

Supportive Findings

Objective medical findings must support the physician’s diagnosis.

Naturally and Proximately 

The disease must arise “naturally and proximately” out of employment.

To arise “naturally” means the disease must be regarded as a natural consequence due to workplace conditions, including:

  • Caused by distinct conditions within the workplace
  • The position exposed the employee to the likelihood of contracting the disease
  • Caused by continuous exposure and activity required to perform the job

To arise “proximately” out of employment means no intervening independent or sufficient cause existed for the disease to develop, so it would only be contracted within the realm of one’s employment.

Find the Help You Need with Your Occupational Disease Claim with Hoffman Law Firm


Understanding the complexities of workers’ compensation laws in relation to occupational diseases can be overwhelming and confusing – but that doesn’t mean you have to go it alone.

The Hoffman Law Firm team is here to help collect the necessary documentation and workplace assessments to provide you with a compelling case in order to get you the compensation you deserve.

Located in Georgetown and Charleston, SC, when you hire Hoffman Law you only pay us if we win your case. Schedule free consultation today.


SOURCES & REFERENCES

LEARN MORE ABOUT WORKERS’ COMPENSATION CLAIMS

Want to make sure your Workers’ Compensation claim is fully protected? Explore these related guides from Hoffman Law Firm:


Disclaimer: This article is for informational purposes only and is not legal or medical advice. Reading this content does not create an attorney-client relationship. Every occupational disease and workers’ compensation claim is unique, and eligibility for benefits depends on the specific facts, medical evidence, and applicable South Carolina law. If you believe you developed a work-related illness, consult a qualified medical professional and an experienced South Carolina workers’ compensation attorney to discuss your legal rights.

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