Submitted by rtg on Mon, 01/27/2025 - 15:59 rtg's Blog Occupational asthma is a serious medical condition that affects numerous workers every year who are exposed to harmful substances such as fumes, gases, dust, or chemicals in their daily jobs. This exposure can trigger asthma symptoms, including wheezing, shortness of breath, and chest tightness, which can severely impact one’s health and the ability to perform job duties effectively as well as taking part in daily activities at home. If you are diagnosed with occupational asthma, seeking legal help is the best thing for you to do. A workers' compensation attorney can guide you through the complex claims process, advocate for your rights, and ensure you receive the medical care and financial benefits necessary to manage your condition and protect your livelihood. Understanding Occupational Asthma Occupational asthma is a type of asthma that's triggered by inhaling fumes, gases, dust, or other potentially harmful substances while on the job and is caused by conditions in the workplace. Symptoms of occupational asthma include: wheezing, coughing, shortness of breath, chest tightness. These symptoms are usually triggered while at work but improve during the weekend or when on vacation when you're away from the environment that is causing the symptoms of occupational asthma. What is Workers' Compensation? Workers’ compensation is available to workers who are suffering from a workplace illness like occupational asthma or have had an accident at work that has caused an injury. Most employers must take out workers’ comp. insurance which ensures that workers can claim medical care and cash benefits if they need to seek medical treatment and time off work to recover. Eligibility for Workers’ Compensation Most employees are generally eligible for workers' compensation benefits, including full-time employees, part-time employees, temporary employees, and seasonal employees. However, independent contractors and certain other categories of workers may not be covered under these programs. Navigating the Claims Process Workers’ compensation claims can be a challenging exercise, especially if you are ill and receiving treatment. It is important to follow the correct procedure when navigating the claims process. The following steps should be followed when you are forced to take time off work because of occupational asthma: Let your employer know that you are suffering from asthma and have to take time off work because it has become too serious. See your doctor about diagnosing the asthma and what has caused it. Some employers have a designated medical facility or doctor you need to use to be able to claim workers’ comp. later. Make sure you follow up with the recommended treatment. Keep evidence in the form of documentation at every step. This will be needed to support your claim for compensation. Check that your employer has reported the illness and recorded it in their accident logbook. They may also be required to notify the workplace illness to the state workers’ compensation agency. File your claim with the appropriate agency, often a state Workers’ Compensation Board or its equivalent. In some states, it is the employer that files the claim. The Importance of Legal Guidance It is important to seek legal help with your worker’s compensation claim as it can help: you to focus on your recovery; to ensure that you will get fair compensation; to make sure that your rights will be protected; A lawyer can advocate on your behalf and get you the compensation you deserve. Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
