Occupational Asthma
The physical stress and medical costs of asthma can be overwhelming. If your asthma was caused by workplace conditions, you may be eligible to pursue workers’ compensation for occupational asthma in Florida. A Florida workers’ compensation lawyer with Rosenberg & Rosenberg can help you with a claim for benefits.
Our law firm has served injured parties across the state for more than 50 years. We understand that facing mounting medical bills and time off work can be scary and stressful. We are here to guide you through the hardship, turbulence, and uncertainty you’re facing, and we will fight to protect your future. We are available 24/7 to schedule free consultations for new clients.
If conditions in your workplace aggravate your existing asthma or cause you to develop asthma, you may qualify for workers’ compensation for occupational asthma in Florida. Workers’ compensation insurance is available to most employees in the state and is provided and paid for by your employer. Florida law also has additional workers’ compensation insurance requirements for certain industries.
Our Florida workers’ compensation attorneys can help you seek available benefits:
Workers’ compensation benefits should cover any medical expenses related to diagnosing and treating occupational asthma, including medical testing, doctor and hospital fees, prescription medications, and physical therapy. You can receive medical benefits until your physician determines you have reached maximum medical improvement (MMI). It’s important to note that MMI doesn’t mean you will be at the same level of health you were at before you developed asthma; it only means that you have recovered as much as possible.
According to the Florida Department of Financial Services, you can pursue wage replacement benefits if occupational asthma prevents you from working for seven or more days. The severity of your condition will affect how much compensation you can receive and for how long.
If you cannot work while you recover, you may qualify for up to two-thirds of your average weekly wage. You may also qualify for partial wage replacement if you can work on restricted duty but cannot earn at least 80 percent of your previous wage. These wage benefits can last up to 104 weeks.
If you receive a permanent impairment rating or your occupational asthma prevents you from ever working again, you may be eligible to receive wage compensation longer than 104 weeks, including permanent total disability (PTD) lasting until age 75.
To prevent occupational asthma, you may need to avoid substances that trigger the condition. This could mean you may have to change occupations due to your illness. If you cannot return to your job, workers’ compensation offers reemployment services, including job skills analysis, job placement, and formal and on-the-job training.
Though rare, severe asthma attacks can be fatal. If your loved one died from complications of occupational asthma, workers’ compensation will pay death benefits up to $150,000. Death benefits offer:
According to the Florida Department of Health, a recent survey found that around half of adults in the state believe their current asthma was caused or worsened by work. Occupational asthma falls into two categories:
Common triggers of work-related asthma include:
Some of the occupations most at risk of exposure to substances that can cause work-related asthma include:
Asthma causes spasms in the muscles lining the airways, narrowing them and making breathing difficult. Symptoms of asthma include coughing, wheezing, shortness of breath, and tightness in the chest.
Your asthma may be caused or aggravated by your employment if your symptoms:
As occupational asthma worsens, you may start to experience symptoms early in your workday that also do not improve on your days off. Symptoms may become permanent even after a prolonged period away from work. If left untreated, occupational asthma can cause permanent lung damage.
If you have symptoms of occupational asthma, seek medical treatment. Our lawyers at Rosenberg & Rosenberg can help you file a claim for workers’ compensation for occupational asthma in Florida.
Workers’ compensation recipients do not have to prove negligence to obtain benefits. However, you will still need to meet some requirements to be eligible for benefits. According to Florida Statutes § 440.09, you will need to establish that work is more than 50 percent responsible for your condition. You must also supply medical evidence and show that the occupational exposure was sufficient to cause the disease.
As soon as you develop asthma symptoms, you should do the following to protect your health and the right to recover workers’ compensation for occupational asthma in Florida:
See a medical professional to obtain a medical diagnosis and treatment for your occupational asthma. Make sure you visit a healthcare provider approved by your insurance plan. Follow your treatment plan, and make sure to attend future appointments.
Missing appointments or not following a prescribed treatment plan can sometimes be used against you by insurance companies. Do not participate in hobbies or activities that could aggravate your asthma.
Florida Statutes § 440.185 states that you must notify your employer within 30 days of the onset of your asthma symptoms or 30 days from obtaining a medical diagnosis to confirm your condition. Once you inform your employer, they have seven days to report your illness to the insurance company.
Insurance may deny your claim if you or your employer miss these deadlines, so make sure to report your injuries in a timely fashion.
Maintain a file with copies of your medical records, medical bills, and pay stubs documenting missed work. You should also keep a record noting situations that trigger your asthma and ways you notice your condition affecting your daily life and activities.
Our Florida workers’ compensation lawyers may further bolster your claim by visiting your workplace to document the existence of occupational exposure, interviewing eyewitnesses, and consulting with medical professionals and other experts.
If your employer carries workers’ comp, you usually cannot sue them for causing a job-related injury or illness. However, in some situations, you may be able to pursue a personal injury case against a negligent third party. If eligible, you can seek damages not offered by workers’ compensation, including:
Our law firm can help you determine if you have grounds for a personal injury lawsuit and help you file before the two-year statute of limitations outlined in Florida Statutes § 95.11 expires.
Workers’ compensation insurance companies often fight paying claims. This may be especially true for injuries and illnesses like occupational asthma that develop over time or relate to a preexisting condition. The insurance company may allege that your asthma is not work-related or severe enough to warrant medical treatment or time off work.
Our Florida workers’ compensation attorneys can advocate for you. We can:
If you have work-related asthma, Rosenberg & Rosenberg can help you pursue workers’ compensation for occupational asthma in Florida. Our workers’ compensation attorneys have recovered millions of dollars for clients across the state. We are here to help you get the money you need and deserve.
Getting started will cost you nothing upfront or out of pocket. We take cases on contingency and offer free consultations. Call now to connect with a lawyer near you.
