Missouri Workers Compensation for Occupational Asthma

by James M. Hoffmann on Aug. 09, 2021

Employment Workers' Compensation Accident & Injury 

Summary: While occupational asthma is recognized as an occupational disease, you must prove that your condition is not an ordinary disease of life before you can qualify for financial compensation.

Occupational asthma is one of the most common workplace illnesses. Studies show that around 10 to 25 percent of asthmatic workers in the country develop occupational asthma. This respiratory condition is caused by inhaling harmful substances such as dust, smoke, or fumes in the workplace. While this illness is common in people with allergies, continuous exposure to workplace substances can cause anyone to experience occupational asthma symptoms.

 

 

Which Industries Are Most At-Risk for Occupational Asthma?

 

Employees in the following workplaces are at high risk of developing occupational asthma:

  • Vehicle paint industry

  • Bakery/flour confectioners

  • Metal making and treatment industry

  • Woodwork and carpentry

  • Construction and demolition

 

Workers with occupational asthma can exhibit shortness of breath, coughing, wheezing, and tightness in the chest. If left untreated, the condition can be severe and can even lead to death.

 

 

Can You Claim Compensation for Occupational Asthma?

Yes, you can generally claim compensation for occupational asthma. However, to qualify for workers’ compensation benefits, you have to prove there’s a connection between your working environment and the symptoms you are experiencing. A workers’ comp attorney can help you gather evidence and demonstrate how your work environment caused your asthma. 

 

 

Is My Employer Liable?

Employers have a legal obligation to conduct risk assessments in the workplace and put in measures that would ensure employees are safe from potential hazards. So if your employer failed to keep your workplace free of known health hazards and you developed occupational asthma, their workers' comp insurer should compensate you for your illness and resulting expenses.

 

 

How Much Compensation Do You Get for Occupational Asthma?

Many factors come into play when determining the compensation you receive for occupational asthma. However, the severity of your illness is a crucial factor. To determine the severity of your illness, a doctor will typically conduct a series of diagnostic procedures on you, including blood tests and chest X-rays, and use the assessment to draft a medical report. 

 

Your workers’ comp attorney will then use the doctor’s report and your medical bills to estimate the compensation amount you should get. 

 

 

Speak With An Experienced Workers Compensation Attorney

While occupational asthma is recognized as an occupational disease, you must prove that your condition is not an ordinary disease of life before you can qualify for financial compensation.

 

However, proving your claim can be a daunting task. Therefore, it would help to have an experienced workers’ comp attorney by your side. 

 

Below are ways in which knowledgeable workers’ compensation attorneys can help you:

  • They are well-versed with workers’ comp claims and can help you navigate the system.

  • They can handle the legal aspect of your claim so you can focus on your recovery.

  • They can negotiate with the insurance company and tackle any tricks they may use to deny your claim. 

 

If you have been injured on the job in Missouri call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300 for a FREE case evaluation.

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