Maison Law represents victims of silicosis and other lung diseases because of silica dust exposure. One way you can deal with health issues if you’ve been exposed to silica dust at work is to file a workers’ compensation claim. While this can be helpful, these benefits only last for so long. Our team can help you through this process to make sure you have what you need to get better. Contact us today for a free consultation.
How Long Do Workers’ Comp Benefits Last?
Every workplace in California is required to carry workers’ compensation insurance. This effectively serves as coverage if you get hurt or sick at work. Obviously, if you work in an industry that can leave you exposed to dangerous levels of silica dust–like making stone or quartz countertops, for example–you can use this coverage if you come down with silicosis.
But, these benefits only last for so long. Currently in California, you have:
- 104 weeks of payments.
While this might seem like plenty of time, health issues from silicosis are typically very serious and permanent. This means that–at best–workers’ comp benefits are a stopgap measure. The question then becomes, what can you get in a workers’ comp claim and beyond that.
What Legal Options Do You Have After a Silicosis Diagnosis?
Silicosis is clearly a pretty serious condition that comes about because of silica dust exposure. The American Lung Association estimates that 2.3 million workers have been exposed to this dust in their workplace. Even with workers’ comp insurance, you still have certain legal options if you’ve been exposed:
- Workers’ comp claim – Think of this as similar to filing an insurance claim. You submit your claim, and your employer’s workers’ compensation company may either offer a settlement or provide benefits over time. If your employer has workers’ compensation insurance, this should be available to cover your condition by helping you with medical costs, lost benefits and wages, and other things for the allotted time period.
- Lawsuit – The next step might involve filing a lawsuit. You might take this route when your benefits run out and you need additional support. There’s also the chance that your employer retaliates after your workers’ comp claim, like demoting you. While every situation is different, if you come down with silicosis and want to file a lawsuit, you can potentially recover:
- Lost income from missed work
- Loss of future earnings if you’re permanently or temporarily disabled from the silicosis
- Medical expenses
- Costs of ongoing care for your silicosis or other conditions
- Emotional distress
- Pain and suffering
Even though the effects of silica dust exposure are pretty well known by now, your employer might not take the necessary steps to protect you. At that point, you can explore your legal options through workers’ compensation or filing a lawsuit. Just remember to file your claim within two years of your diagnosis.
What’s the Workers’ Compensation Process For Silicosis?
Silicosis itself doesn’t change the workers’ comp process. Again, though, every situation is different. That said, there’s a general outline for how the workers’ compensation process works with a silicosis diagnosis. It falls on you to take this steps to make sure your claim is strong:
- Get medical help – Staying on top of your health is extremely important. See a doctor as soon as possible if you feel like you’re developing symptoms.
- Report it to your employer – Tell your supervisor or employer as soon as you’re diagnosed with silicosis. Under California law, workplace injuries and illnesses must be reported within 30 days to be eligible for workers’ compensation benefits.
- File for workers’ compensation – Silicosis is typically covered by workers’ compensation. Make sure to get a form, complete it, and submit it to your employer. Keep a copy of everything for your records.
- Investigation – The workers’ compensation insurance provider will investigate your claim. This usually involves reviewing your medical records and speaking with you, your doctor, and any witnesses related to your work environment.
- Medical evaluation – You’ll likely also be required to see a doctor chosen by the insurance company to confirm the silicosis diagnosis and determine the best course of treatment.
- Decision – Based on your diagnosis, the insurance company will assess your eligibility for benefits, which could include medical care, temporary (TTD) or permanent disability payments, and retraining if you’re unable to return to your job.
- Resolution – In certain cases, there might be hearings or mediation to resolve your claim.
- Return to work – If you’re cleared to return to work, your employer should restore you to your previous position. If you can’t go back to your original job, you might be able to get retraining to help you transition into a new role.
Remember, your situation is going to be unique to you–especially with long-term health issues from silicosis. Some workers may recover enough to return to work, while you might need ongoing care. Following these steps will help protect your rights, and having the right support will make the process smoother for you and your family.
How Can Maison Law Help After Being Exposed to Silica Dust?
Exposure to silica dust can cause serious health problems, even if you don’t notice it right away. This can make daily life hard. Although people are becoming more aware of this issue, the laws are still catching up. So, you might be wondering if you need a lawyer to help.
It depends on how bad your health issues are. If your condition is serious, Maison Law can help by:
- Explaining your rights
- Gathering important documents and medical records
- Talking to employers or companies responsible for the silica dust
- Helping you file a workers’ comp claim or lawsuit if needed
If you think you’ve been exposed to silica dust at work and are worried about lung disease, or if you’ve already been diagnosed, there are legal options. The lawyers at Maison Law can help you understand your rights and guide you through the process. Don’t wait too long–there are certain time limits for filing a claim. Contact us today for a free consultation.
