Prerequisites to Workers’ Compensation for Occupational Disease in Georgia

Compliance Corner

In the Peach State, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident, something that Simply Research subscribers know. The employee or, in the case of her death, the employee's dependents shall be entitled to compensation under Georgia workers' compensation law.

Arising Out Of, Timelines

An employer shall be liable for workers' compensation only where:

(1) 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

(2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment; provided, however, that an employee with asbestosis or mesothelioma related to exposure to asbestos shall have one year from the date of first disablement after diagnosis of such disease to file a claim for disablement. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death.

Share This Article: