Does Workers’ Compensation Cover Respiratory Conditions in California?

 Posted on July 11, 2025 in Workers' Compensation

Workers’ compensation benefits in California can cover respiratory and other occupational conditions if they are caused by work. However, proving the connection between your illness and your job can be challenging. A Hollister, CA workers’ compensation attorney can help you understand your rights and guide you through filing a claim.

Common Respiratory Conditions in the Workplace

Workers in many industries face health risks from breathing in harmful substances. Some respiratory conditions often connected to workplace exposure in California include:

• Occupational asthma: Asthma can start or worsen because of repeated on-the-job exposure to irritants or allergens, such as dust or chemical fumes.

• Chronic obstructive pulmonary disease (COPD): COPD includes illnesses like chronic bronchitis and emphysema, which cause persistent breathing problems. Long-term exposure to harmful substances like dust, vapors, or fumes increases the risk of developing COPD, especially for those working in industries like construction or manufacturing.

• Pneumoconiosis: Pneumoconiosis describes lung diseases caused by inhaling certain types of dust. Silica dust and asbestos fibers are two major culprits. Jobs in construction and manufacturing often carry higher risks of workers developing pneumoconiosis.

• Interstitial lung disease (ILD): ILD is a group of disorders that cause scarring and inflammation in and around the lung tissue. Occupational exposure to particles like asbestos, silica, and other hazardous materials can contribute to these lung problems.

More respiratory diseases may qualify. If you are experiencing symptoms, you should seek medical attention and consider speaking with a workers’ compensation attorney about your rights.

Determining Eligibility for Workers’ Compensation in California

To qualify for California’s workers’ compensation benefits, your respiratory condition must be work-related. That means you need evidence connecting your illness to your job. Under California Labor Code § 3208.1, an injury includes any disease arising out of employment. If your respiratory illness was caused or aggravated by work, you may be entitled to benefits. However, proving the connection can be challenging, especially if your specific condition has other causes like smoking or allergies. A doctor’s medical report will be key evidence. Your provider must state that the work environment contributed to or caused your condition.

The California Workers’ Compensation Process

If you think you have a qualified workers’ comp claim, you must act quickly. The first step is to tell your employer about your illness as soon as possible. Under California Labor Code § 5400, you must notify your employer within 30 days of knowing that your injury or illness is work-related. Prompt reporting helps protect your right to benefits.

Once you file a claim with the help of an experienced workers’ compensation attorney, you may receive financial support for medical treatment. The types of benefits available include:

• Temporary disability payments if you are unable to work while recovering

• Permanent disability payments if your condition causes lasting health issues

• Vocational retraining if you cannot return to your previous job

If the insurance company denies your claim, you have the right to challenge the decision. Under California Labor Code § 4061, the Workers’ Compensation Appeals Board resolves disputes over disability ratings, the need for medical care, and other issues over benefits.

Contact a San Benito County, CA Workers’ Compensation Attorney Today

If you suffer from a respiratory illness related to your job, the Hollister, CA workers’ compensation lawyers at Cramer + Martinez can help you file a claim and get the benefits you need. Call 408-848-1113 to schedule a free consultation with a team of attorneys that has more than 20 years of experience with workers’ comp claims.