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How to claim for Respiratory Illness Damage and get the best compensation?

Respiratory illness claims at work are a significant concern for employers, employees and insurers. It is one of the most common occupational diseases covered by the workers’ compensation system. As stated above, respiratory illness claims are one of the most common conditions in workplace compensation claims, and they can occur as a result of many different exposures. Typical Respiratory Illness damage workers’ compensation claims include breathing problems and lung diseases. Work-related illnesses can range from dangerous black lung disease (from coal dust exposure) and asbestosis (caused by asbestos exposure) to coronavirus/COVID-19.

Further, nearly 7 million workers have work-related asthma in the US alone, while another 19 million file claims for respiratory illnesses. Many respiratory diseases can be triggered by workplace conditions and lead to death.

Respiratory diseases, such as asthma, are the leading causes of disability in the US. Respiratory illness claims at work in the US have been rising for a long time.

Types of Respiratory Illness Damage

A typical respiratory illness claim involves an employee developing either an acute or chronic Respiratory Illness after being exposed to a hazardous substance, such as asbestos. The problem is that even when employees are diagnosed with a work-related disease such as mesothelioma, it is often difficult to determine the exact cause of the disease in question.

In some work environments, like construction sites, chemical plants, etc., employees are regularly exposed to various substances known to cause respiratory problems. Multiple work environments contain many hazardous substances that can potentially damage workers’ lungs. Respiratory injuries are lung diseases attributed to an employee’s work environment.  

Illness caused by a cold or the flu is not considered work-related for workers’ compensation purposes. Still, conditions such as tuberculosis, brucellosis, hepatitis A, or COVID-19 are considered work-related if you become infected at work. It is unclear whether such existing policies will include COVID-19 illnesses. In particular, assuming COVID-19 is a covered illness or injury, most property damage claims filed by workers against their employers should be excluded under applicable workers’ compensation laws.

How to file a Respiratory Illness Claim to get the best compensation?

Many people don’t know how to file respiratory illness claims at work in the US. For example, your doctor may tell you that you have a respiratory illness and need to take time off from work or demand compensation.

  1. Contacting your Employer

First thing first, inform your employer. This step is crucial. If not reported on time, your employer can deny paying compensation. You may lose your right to workers’ compensation if you do not notify your employer in writing within 30 days of the date of injury

  1. Filling the form

So, you need to pick up a Respiratory Illness claim at work form from your company’s human resources department. This form is a legally required form for any respiratory Illness claim. Your employer must deliver or mail the claim form to you within one business day of becoming aware of the Injury or Illness.

Just fill out the “employee” section of the form and send it to your employer right away. Carefully complete the employee section of the DWC 1 application form and return the form to your manager as soon as possible, making sure to list any parts of your body that you think may have been damaged or affected by your injury or Illness at work. It is advisable to fill out this form under the guidance of your Attorney.

  1. Contact an Experienced Respiratory Illness Attorney

Applicants must demonstrate a connection between their work and the harm suffered. As a rule, an employee filing a claim for respiratory Illness damage must prove that he was injured or ill during labor and in the course of his career; if there is evidence of a causal relationship between the job and the accident, the worker benefits.

Collecting and presenting Illness is a particular and complex job. Even the slightest mistake can lead to a denied claim. Hence this kind of job should be left to professionals.

Using a respiratory illness claim, you can recover money from your insurance company. You don’t have to pay anything out of pocket and can even get reimbursement for medical bills you paid. If you’re not sure what to do in the event of a Respiratory Illness, contact us at DYS Law Offices today. We’ll help you file a successful claim and get the compensation you deserve.

Call us at 213-855-4749 or gsantiago@dyslawgroup.com to book a free case evaluation.

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