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Occupational Diseases

Under North Carolina General Statute 97-53, there are 27 main types of occupational diseases.  These are:

1. Anthrax poisoning
2. Arsenic poisoning
3. Brass poisoning
4. Zinc poisoning
5. Manganese poisoning
6. Mercury poisoning
7. Phosphorus poisoning
8. Poisoning by carbon bisulphide, methanol, naphtha or volatile halogenated hydrocarbons
9. Chrome ulceration
10. Compressed-air illness
11. Poisoning by benzol or by nitro and amido derivatives of benzol
12. Epitheliomatous cancer or ulceration of the skin or corneal surface of the eye due to tar, pitch, bitumen, mineral oil, or paraffin, or any other compound
13. Blisters due to the use of tools or appliances in the employment
14. Bursitis due to intermittent pressure in the employment
15. Miner’s nystagmus
16. Bone felon due to constant or intermittent pressure in employment
17. Synovitis, caused by trauma in employment
18. Tenosynovitis by trauma in employment
19. Carbon Monoxide poisoning
20. Poisoning by sulfuric, hydrochloric, or hydrofluoric acid
21. Asbestosis
22. Silicosis
23. Psittacosis
24. Undulant fever
25. Loss of hearing from harmful noise in the employment
26. Infection of smallpox, infection with vaccine, or any adverse medical reaction when the infection or adverse reaction is due to the employee receiving in employment vaccination against smallpox incident to the Administration of Smallpox Countermeasures by Health Professionals
27. Lead Poisoning

Other poisonings that occur in the course of work are covered by other statutes.  Radium and radioactive poisoning from X Rays and such is an occupational disease.  However, the disease is declared to only have happened on the date that the disability or death occurred because of the exposure.  The right to compensation for the loss is barred unless the claim is timely filed within two years after the employee first suffered incapacity from the exposure and either knew or should have known that the disease was caused by his employment.

Obviously, not all occupational diseases are listed under the previous statute.  In order to find out if a disease is an occupational disease that is compensable, North Carolina General Statute 97-53 provides a definition.  An occupational disease is defined as:

"Any disease, other than hearing loss covered in another subdivision of this section, which is proven to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation, or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment."

From the wording of the statute, it is very clear that it meant to designate and cover occupational diseases as the illnesses that generally result from the unusual or hazardous conditions at work that cause unique types of illnesses.  Common illnesses that are not more common to the unique workplace environments are clearly not meant to be covered.

In Rutledge v. Tultex Kings Yarn, the North Carolina Supreme Court laid out what a plaintiff employee must prove.  (1) He or she must prove that they were exposed to hazardous substances or conditions. (2) He or she must show that they developed a disease. (3)  He or she must also prove that their job subjected them to a greater risk of developing the disease than members of the public generally.  (4) He or she must prove that the exposure to the hazardous substances significantly contributed to, or was a large causal factor in the development of the disease.  (5) Last, he or she must prove that the disease caused disability or death.