Maison Law Accident & Injury Lawyers of Fremont represent victims of respiratory injuries at work in California. If you or a loved one has been experiencing respiratory problems after being subjected to cleaning chemicals, toxins, or pollution while at work, our Fremont Workers’ Comp Attorneys will help you file a claim against the liable party and get you the compensation you need. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
Respiratory Injuries in the Workplace
Workers across numerous occupations and industries are at risk of respiratory illnesses and diseases. Breathing should never be an issue at any job, but certain workplaces can expose workers to harmful substances such as chemicals, dust, or other airborne toxins. Workers exposed to harmful substances in the workplace can suffer from the following respiratory conditions:
- Asthma
- Chronic Obstructive Pulmonary Disease (COPD)
- Pneumoconiosis, including asbestosis and silicosis
- Lung cancer
Causes and Symptoms of Asbestos
According to Asbestos.com, nearly 1.3 million American workers are exposed to Asbestos. The reason asbestos is so prevalent in the workplace is because it is a common contaminant found in buildings, roads, homes, schools, factories, ships, trains, and cars across the country. This fibrous chemical is widely used in many products such as car brakes, roofing material, drywall, flooring, and other industrial goods.
When asbestos fibers are inhaled, they can cause inflammation and scarring of lung tissues. Prolonged exposure to these fibers may result in asbestosis or one of the other 200 types of pulmonary fibrosis. The most common symptoms of developing a respiratory illness due to asbestos include:
- Shortness of breath
- Persistent dry cough
- Chest tightness or chest pain
- Weight loss due to loss of appetite
- A dry, crackling sound in the lungs while breathing
- Clubbing of the fingers and toes, which results in a wider, rounder shape of the appendage
How to Get Workers’ Compensation Coverage for Respiratory Injuries in California
All employers are required by California law to provide workers’ compensation coverage for employees who have developed respiratory illnesses due to their work environment. Full-time, part-time, and seasonal workers are covered by workers’ compensation, effective immediately on the first day of their employment.
For employees suffering from respiratory illnesses to be eligible, they must demonstrate that their respiratory issues are directly related to the conditions of their workplace. For example, if the air is contaminated with asbestos in a person’s attic and an electrician had to spend an entire afternoon working up there, breathing in asbestos. They would have to provide their employer with:
- Medical evidence linking the respiratory condition to the workplace
- Report the respiratory disease to the employer within 30 days of recognizing the illness
- Fill out the proper Workers’ Compensation Claim Form (DWC 1)
What Benefits Can I Receive for Respiratory Injuries Workers’ Compensation Claim?
In California, injured workers have the right to medical treatment for respiratory injuries sustained on the job. Benefits provided by workers’ compensation include:
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, or for the duration of the injury.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
- Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
- Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of $320,000 with up to $10,000 for burial expenses.
Contact a Respiratory Injury Workers’ Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a work-related respiratory injury, the attorneys at Maison Law will pursue the full extent of the damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law for all injured workers. For legal counsel concerning your workers’ compensation claim, contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation. There are no upfront charges for our legal assistance and you won’t pay a cent unless we win your case.