Workers’ Compensation for Occupational Asthma

Delaware workers who have been who have been diagnosed with an occupational disease, such as asthma, often have many questions related to their workers’ compensation benefits. At Silverman, McDonald & Friedman, we are here to offer sound legal guidance about your case. Contact us in Newark, Wilmington or Seaford to learn more about how we can help.

Occupational Asthma, which is caused by inhaling fumes, gases, dust and other harmful substances at work, has become one of the most common work-related lung diseases in the U.S. and other developed countries according to the American Academy of Allergy, Asthma & Immunology (AAAAI), and about 15% of asthma cases in the U.S. may be job-related. The AAAAI reports that people with a family history of allergies may be more likely to develop occupational asthma, but even those who do not smoke can still develop the disease from exposure to conditions that induce it.

Which industries are most at-risk for occupational asthma?

There are a wide range of industries from food service to hospitals, manufacturing plants and building trades. The National Institutes of Health’s National Heart, Lung and Blood Institute lists the following types of workplaces where the risk of occupational asthma might be higher, but it is not limited to these:

• Manufacturing
• Paint
• Cleaning products
• Dusts from wood manufacturing
• Grains and flour
• Latex gloves
• Molds
• Animals
• Insects

Symptoms of occupational asthma

Asthma can cause symptoms such as:

• Wheezing
• Coughing
• Tightness in the chest
• Shortness of breath

Sometimes these symptoms do not manifest until hours, months or even years after the initial exposure.

Can I qualify for workers’ compensation with occupational asthma?

Occupational asthma is already widely recognized as an occupational disease. If you are exposed to irritants in the workplace environment that can induce asthma, or if you have been in the past you may qualify to receive workers’ compensation benefits. However, one of the challenges of qualifying for worker’s compensation with asthma is to prove that you succumbed to the disease because of workplace exposure rather than from other environmental pollutants such as second-hand smoke.

Tips for occupational asthma prevention

The NIH has the following tips for employees who want to prevent occupational asthma:

• Avoid exposure to known environmental allergens or irritants
• If you develop breathing problems, get help from a doctor right away
• Report any respiratory problems at work right away
• If you have asthma, take your medications and avoid environmental exposures that could make it worse
• Avoid tobacco smoke. If you smoke, get help to quit.

If you have been diagnosed with asthma and you believe that it is because of workplace exposure, report the illness to your employer and apply for workers’ compensation benefits so that you can get the medical care that you need.

You can seek representation for any disputes that may arise with your employer’s insurer by contacting an experienced workers’ compensation attorney from the law firm of Silverman, McDonald & Friedman.

Our knowledgeable Delaware workers’ compensation lawyers at Silverman, McDonald & Friedman are prepared to represent you with your worker’s compensation claim. You are welcome to give us a call at 302-888-2900 or by filling out our contact form to schedule a free consultation with an experienced workers’ compensation attorney in Wilmington, Newark or Seaford today.