Maison Law helps injury victims in California, including those that are hurt at work. Workers’ compensation covers virtually any workplace injury, including respiratory issues from exposure to harmful chemicals or toxins. This, obviously, can leave you facing serious health issues. Our team can guide you through the workers’ compensation and legal process. Contact us today for a free consultation.
What Respiratory Injuries Can Happen to You at Work?
No matter what job you have, you can face a situation where you’re exposed to harmful substances through dust, spores, or chemicals. Over a long period of time, this creates a whole host of problems, According to the American Lung Association it results in respiratory issues like:
- Silicosis – This is caused by breathing in silica dust from jobs like mining or construction, leading to lung damage and scarring.
- Asthma – Asthma can either be developed or triggered by things like dust or chemicals at work, causing your airways to swell and making it hard to breathe.
- Chronic Obstructive Pulmonary Disease (COPD) – Long-term exposure to harmful substances like chemicals or smoke damages the lungs and makes it harder to breathe over time.
- Hypersensitive pneumonitis – This is caused by frequent inhalation of dust, mold, or chemicals, common in farming or metalworking. It causes serious lung inflammation.
- Histoplasmosis – This is a lung infection caused by breathing in fungal spores from soil, often found in places with bird or bat droppings.
- Mesothelioma – This is a rare cancer from inhaling asbestos fibers, usually affecting workers in construction or shipbuilding.
- Lung cancer – Long-term exposure to cancer-causing substances like asbestos, radon, or certain chemicals can raise the risk of developing lung cancer.
Under California law, your employer must provide a safe work environment by giving you proper ventilation and protective gear to reduce exposure to harmful substances that cause these issues. When this doesn’t happen, you have certain legal rights and options, starting with workers’ compensation coverage.
What Options Do You Have For Respiratory Injuries?
When it comes to respiratory injuries at work, it’s obviously pretty discouraging. Not only do you have to deal with significant health issues that negatively impact your life, but it also impacts your work life. You’re probably dealing with lost income from missing work, as well as other problems that could have likely been avoided. That’s the main reason why California law requires employer to carry workers’ comp insurance.
While workers’ comp provides support, the process can sometimes be more complicated when both workers’ comp and legal claims are involved. Here’s how the process usually works:
- Filing a workers’ compensation claim – This is similar to filing an insurance claim. You submit the claim, and your employer’s workers’ compensation insurance will likely offer a settlement or provide ongoing benefits. This is especially important if you’ve developed a respiratory condition or injury from exposure to harmful substances at work.
- Filing a lawsuit – You may need to file a lawsuit if you require more support after your workers’ comp benefits end or if your employer retaliates against you for filing a claim. Our experienced team can guide you through both workers’ comp and legal action to help you recover damages such as:
- Lost wages
- Loss of future income if your respiratory condition affects your ability to work
- Medical expenses
- Costs for ongoing care related to your lung condition
- Emotional distress
- Pain and suffering
Dealing with a workplace respiratory injury is difficult, but it’s important to know your legal options. Whether you pursue workers’ compensation or a lawsuit, make sure to take action within two years of your injury to protect your rights.
What Do I Need to Do After a Respiratory Injury?
The main difference between a respiratory injury and other workplace injuries is that a respiratory injury isn’t a sudden thing. It’s going to develop over time. Still, you need to take certain steps to make sure your workers’ comp claim proceeds in the right way:
- Track your exposure – Keep track of when and where you were around harmful substances like dust, mold, or chemicals at work. Also, write down how long you were exposed. This information can be important if you need to prove your case later.
- Get a diagnosis – If you’re showing signs of a lung problem like asthma or silicosis, see a doctor right away. Having medical records and test results will help support your claim.
- Consult experts – Talk to medical or safety experts who can confirm that your lung issues are linked to your job. Their opinion can be crucial in proving your illness is work-related.
- Keep evidence – Save any protective gear, pictures, or videos that show unsafe work conditions. This proof can help demonstrate that you were exposed to harmful substances.
- Get statements – Speak with coworkers or supervisors who can confirm that you worked in unsafe conditions. Their testimony can strengthen your case.
By taking these steps, you’ll have a stronger case if you decide to file a claim. If your employer didn’t protect you from dangerous conditions, you can file for workers’ compensation or even a lawsuit to get the support you need for your health and recovery.
Workers’ Compensation Help From Maison Law
If you’ve developed a respiratory injury because of unsafe conditions at work, you have legal options. Filing a workers’ comp claim can help, but dealing with serious health issues is something no one should go through. At Maison Law, we understand how it affects both your work and personal life. We’re here to guide you through the claims process. Contact us today for a free consultation and let us help you get started.
