Title 34, Chapter 9, Section 281
( 34-9-281)
(a) Where the employer and employee are subject to this chapter, the
disablement or death of an employee resulting from an occupational
disease shall be treated as the occurrence of an injury by accident;
and the employee or, in the case of his or her death, the employee's
dependents shall be entitled to compensation as provided by this
chapter. The practice and procedure prescribed in this chapter
shall apply to all the proceedings under this article except as
otherwise provided. (b) Except as otherwise provided in this Code section, an employer
shall be liable for compensation under this article 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; (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. |