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Occupational Lung Disease refers to multiple medical conditions that affect a worker’s lungs and respiratory functions. Constant exposure to harmful substances in the air puts workers at increased risk of contracting an occupational lung disease, which can lead to serious health and financial consequences.
If you suffer from occupational lung disease, you may be entitled to receive financial compensation for any damages you’ve sustained. Confused about how to start filing your claim? The team at Pond Lehocky is here to help you with your case.
What Causes Occupational Lung Disease?
There are several different root causes of occupational lung disease in PA:
- Dust particles
- Chemical fumes
- Gases
- Fungal spores
- Animal droppings
- Hazardous materials (such as asbestos)
Many of these risk factors can cause occupational lung disease with consistent prolonged exposure on the job. There are no cures for occupational lung diseases, just treatment to mitigate symptoms, prevent further damage, and improve quality of life.
List of Occupational Lung Diseases
Occupational lung disease comes in many forms. Here is a list of the most common:
- Silicosis – Caused by breathing in tiny bits of silica. Typically affects construction and mining workers.
- Coccidioidomycosis aka Valley Fever – This is an infection caused by inhaling the spores of the Coccidioides fungus found in soil. Typically affects farmers and construction workers.
- Hypersensitive Pneumonitis – Caused by breathing in allergens that cause an allergic reaction in the body. Usually referred to colloquially with names related to the allergen source such as “farmer’s lung”.
- Histoplasmosis – Caused by fungal spores contaminated by bird or bat droppings. Typically affects farmers, pest controllers, poultry workers, construction workers, and landscapers.
- Asbestosis – Exposure to asbestos, a mineral used as insulation or a fire retardant, causes asbestosis. Asbestosis primarily affects mining, milling, construction, and manufacturing workers who worked in those facilities before the late 1970s.
- Coal Workers Pneumoconiosis aka Black Lung Disease – Black lung disease is caused by inhaling coal dust which causes scarring in the lungs.
- Mesothelioma – A rare cancer that occurs in the lining of the lungs, typically due to asbestos exposure. Miners, construction workers, millers, electricians, plumbers, insulators, and remodelers are primarily at risk.
- Work-Related Asthma – Roughly 15-23% of new adult asthma cases stem from work-related asthma. Workers in forestry, the service industry (waiters, cleaners, etc.), or direct work with metals, are at risk.
- Chronic Obstructive Pulmonary Disease (COPD) – While tobacco smoke is the primary cause, workers can also contract COPD from constant inhalation of harmful chemicals and irritants on the job site. COPD tends to be prevalent in mining, construction, transportation, food services, and healthcare support.
Types of Compensation You Can Seek for Occupational Lung Disease
You need to know that the law is on your side and empowers you with the ability to pursue financial compensation for damages related to occupational lung disease. For example, The Black Lung Benefits Act empowers sufferers of black lung disease to receive monthly compensation and medical benefits.
Whether you suffer from black lung disease or any of the other occupational lung diseases, you can file a claim to pursue compensation for the following damages.
Medical Damages
Medical damages include:
- Hospital stays and appointments with doctors or specialists
- Medication
- X-rays and laboratory tests
- Medical equipment such as oxygen tanks, inhalers, ventilators, etc.
- Long-term care such as physical therapy, respiratory therapy, and pulmonary rehabilitation
The price of medical care can be very steep with occupational lung diseases. When you file a claim, you can pursue the financial support needed to cover these costs.
Lost Wages and Disability
Occupational lung diseases can leave you out of work while you focus on recovery, resulting in lost wages. If your illness is severe and leaves you disabled, you will be unable to return to work in any meaningful capacity. In these instances, filing a claim can allow you to recover compensation for any wages you lost during recovery time or grant you continued financial support due to disability.
Pain and Suffering
Pain and suffering is a broad term and refers primarily to the general hardships and emotional distress you suffer due to your lung disease. The path to recovery is difficult, and you can get financially compensated for these tough times to address the emotional and social impacts that occupational lung disease has brought onto your life. If occupational lung disease is responsible for the death of a loved one, you can also file a claim to recover damages resulting from loss of consortium.
Can You Claim Disability for Occupational Lung Disease?
Yes, you can claim disability due to your occupational lung disease. Occupational lung disease can result in serious, life-altering physical maladies that prevent you from doing even the simplest of tasks, let alone work or manual labor.
However, it should be noted that insurance companies, be it workers’ comp, social security, or Veteran’s Affairs, will try to give you the bare minimum. That is why getting assistance from an experienced attorney is essential to fight for fair compensation.
How Can an Attorney Help Me with My Occupational Lung Disease Claim?
You may wonder if hiring an attorney is even worth it. While it may seem straightforward to file a claim and negotiate for a settlement by yourself, there are several reasons why retaining an attorney will directly help you:
- Legal Expertise – The upfront work required to navigate personal injury and workplace injury law is immense. With an attorney, you have someone in your corner helping you get through all the legal jargon and fight for your claim directly.
- Fight Back Against Insurance Companies – Insurance companies are notorious for trying to get sufferers of occupational lung diseases to settle for less. Your attorney will go to bat for you and ensure that you can negotiate for a settlement that truly reflects your damages.
- Calculate Damages and Gather Evidence – Your primary goal should be your health. As you focus on treatment and getting the help you need to overcome your illness, your lawyer will gather evidence to support your claim and calculate all of your damages accurately so nothing gets left out.
Most claims usually get settled after negotiations. However, if your case does go to trial, rest assured that our attorneys will have your back and represent you and your best interests all the way through.
If You Suffer from Occupational Lung Disease in PA, a Lawyer Can Help You
Allow us to assist you in your fight for compensation. Occupational lung disease is physically and emotionally draining. We can help you fight back against the insurance companies and file your claim.
Our dedicated attorneys have helped recover millions for clients in Pennsylvania and throughout the nation. Contact us today for a free consultation.