What is occupational asthma?
Occupational asthma is a type of asthma caused by exposure to specific substances in the workplace. These substances, known as occupational sensitizers, can trigger an allergic response in the airways, leading to asthma symptoms.
Managing occupational asthma typically involves identifying and avoiding the triggering substances, receiving medical treatment, and sometimes adjusting or changing work environments.
Can you claim workers’ compensation for asthma?
Yes, most North Carolina workers who develop asthma because of their jobs are entitled to workers’ compensation. However, proving that asthma is directly caused or exacerbated by your job can be difficult, as other factors like genetics and lifestyle choices may also be involved.
To prove that your asthma is work-related, you’ll need to provide medical evidence linking your condition to workplace exposures, such as documentation of known allergens or irritants in your work environment. Additionally, you may need to show a timeline that demonstrates your symptoms began or worsened after starting the job.
Working with an experienced workers’ compensation attorney can significantly strengthen your case. They can help you gather necessary evidence, connect you with medical experts, negotiate with the insurer on your behalf, and appeal a denied claim if necessary.
What benefits can I get from workers’ comp in NC?
In North Carolina, workers’ compensation benefits provide several types of benefits for injured employees, including:
- Medical benefits. Full coverage for all necessary medical treatments related to your asthma, including doctor visits, medications, breathing treatments, diagnostic tests, and other necessary medical care.
- Vocational rehabilitation benefits. These provide assistance in retraining or transitioning to a different job if your asthma makes it impossible to continue in your current role.
- Temporary total disability benefits. If your asthma prevents you from working temporarily, you may receive compensation for two-thirds of your average weekly wages while you’re recovering.
- Permanent total disability benefits. In rare cases, if your asthma leads to a permanent impairment that prevents you from working, you may qualify for ongoing disability payments.
A local workers’ compensation attorney can help you estimate the value of your claim and ensure you receive all the benefits you’re entitled to.
How can I file for workers’ comp for my occupational asthma in NC?
In North Carolina, most businesses with 3 or more employees are required to carry workers’ compensation insurance. Exceptions include agricultural operations with fewer than 10 workers, certain sawmill operations, domestic employees, and independent contractors.
If you don’t fall under one of these categories, you’re likely entitled to workers’ comp, but you will need to follow certain steps to obtain benefits. They include:
- Seek medical care from an employer-approved doctor, and make sure you mention that you believe your asthma is caused by your work.
- Notify your employer in writing within 30 days of becoming aware of your condition and receiving a diagnosis. This notice should include the date and details of your asthma diagnosis.
- File Form 18 with the North Carolina Industrial Commission (NCIC). You have up to 2 years from the date of your diagnosis to file this form, but the sooner you file, the better.
- Wait for a response from the insurer. The insurance company should respond within 14 days of receiving your claim. They will either accept or deny your claim, and, in some cases, they may file for conditional acceptance if more time is needed to investigate.
Please note that if your claim is denied, you do have the right to appeal, but it’s a strong signal that the process is likely to be an uphill battle, so it’s crucial to involve a work injury attorney as soon as possible to protect your rights.
Suffering from work-related asthma in North Carolina?
Workers’ comp claims for asthma and other occupational illnesses can be complex, and having legal support from the start can often prevent claim denials and ensure your condition isn’t quickly dismissed by your employer or their insurer.
If you’re dealing with a denied workers’ compensation claim for occupational asthma or simply want to understand how much your claim is worth, contact the experienced work injury attorneys at Wilder Pantazis Law Group. With over 85 years of combined experience, our attorneys know how to gather evidence and negotiate with insurance companies to get workers’ maximum compensation for their claims.
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