Unclean air in your workplace can lead to a variety of respiratory disorders. When your doctor determines that a disease or condition affecting your lungs is work-related, you could claim workers’ compensation benefits. Depending on the circumstances, you may also have grounds to file a lawsuit against a third party.
Cases involving respiratory conditions are challenging, but an Orlando workplace lung injury lawyer at Colling Gilbert Wright could help you pursue compensation. Other law firms and local professionals recommend our workers’ comp attorneys because they recognize their knowledge, skill, and aggressive pursuit of our clients’ goals.
Work-Related Respiratory Diseases
Your workplaces can contain airborne particles such as dust, mold, or soot, as well as from chemicals. Even if you wear a mask or respirator at your job, over time you may inhale enough to cause lung damage or a respiratory disease.
At The Florida Firm Injury and Accident Lawyers, we work with many people who suffer from work-related respiratory conditions. Some of the most common include:
- Occupational asthma, occurring when the body becomes sensitized to airborne irritants
- Interstitial lung disease, causing breathing difficulties due to lung tissue scarring from exposure to airborne hazards
- Chronic bronchitis, resulting from the inhalation of lung irritants
- Hypersensitivity pneumonitis, developing in response to mold exposure
- Asbestosis, arising from the inhalation of airborne asbestos fibers
- Chronic obstructive pulmonary disease, resulting from the inhalation of particulate matter such as smoke, wood dust, or animal droppings
- Lung cancer, originating from exposure to certain pesticides, herbicides, and other industrial chemicals
- Mesothelioma, developing a lethal cancer of the lung lining caused by asbestos exposure
The construction industry and boat and shipbuilding are commonly associated with occupational lung diseases. Additionally, workers involved in agriculture, groundskeeping, and chemical manufacturing are at risk.
Regardless of the industry you work in, if your doctor has diagnosed a lung injury that may be work-related, our Orlando attorneys could help you pursue a claim. We could review your situation, explain your rights, and help you get the compensation you deserve.
How Does Workers’ Compensation Handle Lung Disease Claims?
The workers’ compensation program treats occupational lung diseases as work-related injuries. The program entitles you to free medical care to treat the condition, temporary disability payments while you recover, and payments for permanent disability or impairment if the condition will permanently impact your ability to work.
However, there are additional procedures you must follow when making a claim for an occupational disease. Florida Statutes § 440.151 states that claims for occupational diseases are payable only when there is clear evidence that you contracted the disease because of the nature of your employment.
Evidence that your industry has higher rates of lung problems than the general population will be critical. Our Orlando lawyers could present medical and epidemiological evidence to support your claim that your lung damage is due to your employment.
When Your Lung Condition Is Fatal
If you die of a work-related lung ailment within 350 weeks of your last workplace exposure, state law entitles your family to workers’ compensation death benefits. These include $7,500 toward funeral expenses, educational benefits for your spouse, and support payments for your dependents.
Third-Party Claims
Your workers’ compensation benefits cover your medical treatment and a partial wage, but you may still face financial hardship if you cannot work. You could pursue additional compensation through a third-party lawsuit claiming that someone’s negligence caused your lung injury.
You could bring a third-party claim against the manufacturer of the product that caused your lung damage, the owner of the building where you worked, or any other work-related party whose conduct led to your exposure. For example, a safety manager or inspector, consultant, or engineer may be liable for the presence of toxins in your workplace.
When you bring a third-party claim, you may be awarded compensation for the portion of your wages that workers’ compensation does not cover, incidental expenses related to your injuries, and any necessary equipment and services. You could also claim damages for your diminished quality of life. Our attorneys have a strong track record of securing large monetary verdicts and settlements for Orlando workers in third-party lung damage cases.
For Help With an Orlando Work-Related Lung Condition, Call Our Lawyers Today
Lung injuries are debilitating and may end your career. When your damage to your lungs is due to your work, you should hold the responsible parties to account.
Contact us today to talk to an Orlando workplace lung injury lawyer about obtaining the benefits you have earned and the compensation you deserve. There is no fee for initial consultations, and you pay us nothing unless we recover compensation for you.