Chronic obstructive pulmonary disease (COPD) is a long-term ailment. Therefore, it may be challenging to establish that the worker’s workplace was the direct cause of the illness. A person with COPD who wants to file a claim must provide substantial medical documentation of their condition. Documentation can take the form of medical notes, a doctor’s written diagnosis, or both.
The claimant also has the burden of proving that he or she was indeed exposed to harmful substances while on the job. A firefighter, for instance, may be in a good position to demonstrate that exposure to smoke was the cause of a medical issue. A cook in a kitchen, on the other hand, could have a harder time showing that the area lacked enough ventilation if the problem was fixed by management after the cook was exposed to hazardous conditions. Seek the counsel of Injured Workers Law Firm who has proven experience and commitment.
What Services Are Provided by Workers’ Compensation?
Workers who develop COPD as a result of their exposure to harmful substances on the job are eligible for a wide range of benefits via the Virginia workers’ compensation system. All of these advantages include the following:
- Health care advantages
- Paycheck replacement advantages
- Employment retraining
- Dependent children and spouses can receive death benefits.
- The amount of benefits will be determined by a number of variables, such as the severity of the injury, the length of time the employee needs to receive medical care, and whether or not the employee is able to return to work.
Can I File a Lawsuit if My Job Causes COPD?
Documentation Regarding a Possible Case of Chronic Obstructive Pulmonary Disease
Those who contract COPD on the job typically have no legal recourse beyond workers’ compensation. In other words, employees have no legal recourse against their employers for damages in excess of those paid under the workers’ compensation system. Nonetheless, in certain circumstances, employees may be entitled to file third-party claims against non-employers who were responsible for their exposure to harmful gases and subsequent development of COPD.
Non-economic losses, such as pain and suffering and emotional distress, might be compensated for in a third-party claim, in addition to past and future medical bills and loss of income damages. A claim against a third party, as opposed to an employer, usually necessitates proof of fault.