Maison Law Accident & Injury Lawyers of Modesto 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 Modesto 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 Modesto today for a free consultation and case evaluation.
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.
Common Respiratory Conditions in the Workplace in Modesto
Respiratory conditions can significantly impact a person’s quality of life in numerous ways. Respiratory illnesses are of great concern to individuals in the workplace because contaminants in the air can be so easily spread and result in many health complications if left untreated. Common respiratory conditions found in the workplace in Modesto include:
- Occupational Asthma: this is triggered by exposure to allergens or irritants in the workplace. Common causes include dust, fumes, and chemicals.
- Chronic Obstructive Pulmonary Disease (COPD): this includes conditions such as bronchitis and emphysema, often linked to long-term exposure to harmful substances such as dust, fumes, or vapor. COPD is commonly found in workers in construction, mining, or manufacturing.
- Pneumoconiosis: lung disease is caused by the inhalation of various types of dust, most notably silica and asbestos.
- Interstitial Lung Disease (ILD): ILD is a disorder that affects the tissue and space around the air sacs of the lungs. Asbestos, silica, or other harmful particles can contribute to the development of ILD.
Your Rights To Workers’ Compensation After a Respiratory Injury in Modesto
The state of California recognizes the importance of protecting employees who sustain respiratory, work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California. California also provides injured workers with:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
Contact a Respiratory Injury Workers’ Compensation Lawyer in Modesto
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 Modesto 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.