Do You Have a Case If Your Asthma Got Worse at Work?

 Posted on December 21,2023 in Workers' Compensation

If you experience asthma attacks or worsening symptoms while performing job duties, hazardous workplace exposures likely cause respiratory impairment. Under California law, employees may file workers’ compensation claims if employment environments provoke or exacerbate asthma. Successfully holding employers accountable involves documenting evidence. This can be a complex case as it can be tricky to prove. A California workers’ compensation lawyer can help you put together a solid case if you have the evidence.

Identify Triggers At Your Work Site

Track specific asthma irritants around your workstation, facilities, or off-site meetings. Common triggers include chemical fumes, dust, gases, dangerous air particulates, extreme temperatures, high humidity, and strong scents. Also, note any direct correlation, observing that symptoms flare up on-site but improve away from work. Vivid trigger confirmation builds persuasive cases. You can check with co-workers and see if anyone else exhibits the same symptoms or similar.

Submit Medical Records Indicating Work Link

Provide physician statements explicitly linking your “occupational asthma” to breathing known lung irritants present in materials or environments you regularly encountered when completing standard tasks as an employee. The more precise the doctor shows familiarity with your role’s asthma aggravators and concludes they drive your respiratory decline, the more reliably compensation gets approved.

Notify Your Employer

Formally alerting supervisors in writing about on-the-job asthma triggers and worsening health due to exposure builds additional evidence that later strengthens causation arguments essential for workers’ compensation awards. Their awareness prompts environmental improvements, protecting other employees while documenting your conscientious efforts to rectify problems internally first.

Understand Available Remedies

Succeeding in occupational asthma claims covers medical expenses and replaces lost wages from missed work undergoing treatments. If asthma proves permanently disabling, lifetime remedies cover impaired earnings capacity plus breathing aids and healthcare access, ensuring your best possible life despite losing optimal lung functionality needlessly on the job.

Contact a Gilroy, CA Workers’ Compensation Attorney

Navigating California workers’ compensation processes presents challenges, but the right attorney can help protect you against skeptical employers. A Morgan Hill, CA workers’ compensation lawyer can insightfully apply state regulations around workplace respiratory illness to demonstrate your right to remuneration so you can focus on simply breathing easier. Justice can bring empowerment along with financial solutions, depending on the specifics of your case. Call Cramer + Martinez at 408-848-1113 for a free consultation. Let our dedicated lawyer help you today.