As a dedicated workers’ compensation attorney in California, James Koh has the experience, resources, and passion to help you pursue the settlement you deserve. Need help with your workers’ comp claim? Contact Attorney James Koh for top-tier legal guidance.
Every working Californian deserves protection from the fallout of a serious on-the-job accident. Luckily, injured employees who are hurt at work while performing their job duties can apply for workers’ compensation benefits and, hopefully, secure the financial assistance they need.
Although virtually all California employers are required to carry workers’ compensation insurance for their employees, there’s no guarantee that employees who file for benefits will be granted all of the compensation they deserve. This can be especially devastating in cases involving ongoing, costly conditions such as respiratory disease.
If you or a loved one developed a lung disease or respiratory work injury as a result of performing your job duties, it’s critical to partner with an experienced workers’ compensation lawyer. As a dedicated workers’ comp attorney in California, James Koh can guide you through the claims process and help maximize your benefits.
This article will explain the importance of getting workers’ comp for respiratory conditions and explore causes of lung disease, types of compensation available to claimants, and more.
Did you develop a debilitating lung condition as a result of your job? Securing workers’ comp for respiratory diseases is a critical part of recovery. Fortunately, you don’t have to pursue it alone. Contact James Koh to schedule a case evaluation today.
Common Causes of Work-Related Lung Diseases and Respiratory Work Injuries
Ideally, all working Californians would be protected from on-the-job hazards, but that’s not the world we live in. Many employees across the Golden State are vulnerable to developing occupational lung diseases and respiratory injuries after being exposed to harmful substances at work.
While various working conditions and factors can precipitate the development of lung disease, some are more common than others. Here are a few of the most common causes of work-related respiratory conditions:
- Asbestos exposure. When inhaled, asbestos fibers (a common building material found in older structures) can cause diseases like lung cancer and mesothelioma.
- Silica dust exposure. Activities like sandblasting, rock cutting, mining, and construction can release crystalline silica dust, which can trigger various illnesses in the respiratory system.
- Coal dust exposure. Inhaling coal dust can cause pneumoconiosis (also known as black lung), a serious respiratory illness that primarily affects coal miners.
- Chemical exposure. Many industrial chemicals, including chlorine, ammonia, and other toxic substances, can cause respiratory diseases. These include both acute lung injuries and chronic conditions like asthma and chronic obstructive pulmonary disease (COPD).
- Welding fumes. Welding produces fumes that contain harmful metals and chemicals, increasing welders’ risk of developing lung disease.
- Agricultural dust. Agricultural workers who are exposed to dust from grains, pesticides, and animals can develop respiratory illnesses like hypersensitivity pneumonitis.
- Biological agents. Mold exposure, as well as contact with bacteria and various other biological agents, can increase workers’ risk of developing lung illnesses.
- Diesel exhaust. Frequent workplace exposure to diesel exhaust can harm an employee’s lungs, a particularly prevalent hazard for truck drivers, mechanics, and toll booth workers.
- Textile fibers. Textile workers can develop respiratory issues due to inhalation of cotton, flax, and hemp fibers.
- Beryllium agents. Beryllium exposure can lead to chronic beryllium disease, a serious lung condition affecting workers in the aerospace, electronics, and manufacturing industries.
Although these are common causes of lung disease and conditions, they are not the only respiratory threats facing California workers. Regardless of their work environment, workers who develop respiratory conditions as a result of their job-related activities deserve access to workers’ compensation benefits.
The Impact of Respiratory Diseases in the Workplace
Respiratory diseases impact California workspaces in myriad ways. While primarily affecting workers, the larger impact of respiratory diseases extends to all levels of an organization. Here are some of the health consequences:
- For workers, respiratory diseases lead to health problems, decreased work availability, financial instability, and worse mental health.
- For employers, respiratory diseases among workers lead to a loss in productivity, increased costs, poor workplace morale, possible legal actions, and regulatory compliance issues.
- For the economy, workplace lung injuries lead to increased healthcare costs, a loss of skilled laborers, and a loss in overall economic productivity.
Although understanding the larger implications of widespread, work-related respiratory disease is important to many, the reality is that workers suffering from respiratory illness only need to be concerned with one thing: Securing the compensation they need and deserve. Luckily, these workers can pursue a range of benefits under California workers’ compensation laws.
Types of Workers’ Compensation for Respiratory Diseases
If you’ve developed a respiratory disease as a result of your occupation, you may be able to recover various types of workers’ comp benefits. To understand the full extent of your potential benefits, it’s a good idea to speak with a lawyer who has experience in securing workers’ compensation for respiratory diseases.
In the meantime, read through the main types of workers’ compensation benefits available in California:
- Medical benefits, including costs for all necessary and related medical care, such as doctor visits, hospitalization, medications, treatments, medical equipment, condition-related medical bills, etc.
- Temporary disability benefits that replace a portion (typically two-thirds) of an injured worker’s weekly lost wages until they can return to work
- Permanent disability benefits, a percentage of a worker’s former wage that is paid out indefinitely when their respiratory disease results in permanent lung impairment
- Supplemental job displacement benefits, a voucher given to workers who cannot return to their jobs due to permanent disability and whose employers do not offer modified or alternative work
- Death benefits, compensation given to deceased workers’ families to provide financial support for dependents
Navigating the workers’ compensation system in California can be complex. If you’re struggling to understand the benefits available to you, speak to an attorney with experience maximizing workers’ compensation for respiratory diseases.
How to Get Compensation for Occupational Respiratory Diseases
If you’re pursuing workers’ comp for an occupational respiratory disease, you’ll need to go through a series of processes, starting with seeking medical attention. Remember: You can only receive workers’ comp if you have documented evidence of a job-related illness or injury.
As soon as you suspect you are suffering from a respiratory condition or lung disease, it’s important to seek medical attention. Your healthcare provider will record your visit, assessment, and medical treatments, providing you with crucial documentation for your workers’ compensation case.
The next step is to inform your employer (preferably in writing) that you have developed a work-related respiratory disease and that you intend to file a workers’ compensation claim. They should provide you with the necessary forms and assist you in the filing process. Although you have no legal obligation to do so, involving a workers’ comp attorney in this process can help ensure you are positioned to receive maximum compensation.
Lastly, you will need to wait for your insurance company’s decision about your claim. Keep in mind that a claim denial isn’t necessarily the end of the road — a dedicated attorney can help you appeal. You can increase your chances of a successful initial claim by working closely with a legal professional from the get-go.
Workers’ Comp for Respiratory Diseases FAQs
If you’ve been diagnosed with a work-related respiratory disease, you probably have a lot of questions. The best way to find clarity is by speaking with a dedicated workers’ comp lawyer, but until then, read through the answers to some of our most frequently asked questions.
Who can file a respiratory illness claim?
In California, any employee who suffers a respiratory illness as a result of their job-mandated tasks can file a compensation claim. It’s important to note, however, that this ability does not extend to independent contractors who suffer at-work injuries and illness.
Are you liable for respiratory illness?
California’s workers’ compensation laws operate under a no-fault system, meaning that even if an employee is responsible or partially responsible for causing their on-the-job injuries or illness, they can still receive compensation benefits.
Can I claim compensation for COPD?
Yes, workers who develop COPD as a result of their job tasks are eligible to pursue a workers’ comp claim. However, their ability to secure benefits will depend on their ability to prove their lung disease resulted from their work, and not from non-work activities, such as smoking.
Contact Attorney James Koh for Assistance with Your Claim
If you developed a serious lung condition or respiratory disease as a result of your work, you deserve financial compensation and benefits to support your recovery. However, securing the full range of workers’ compensation for respiratory diseases can be difficult without legal assistance.
Attorney James Koh is an experienced workers’ comp lawyer in California who has the expertise and passion to fight for you. Ready to get started? Contact James Koh to schedule a consultation and discuss your legal options today.
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