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You spend hours soldering pipes and tearing out old drywall, and a little dust never used to bother you. But lately, you notice that it is becoming difficult to catch your breath.
After visiting the doctor, they tell you that you have adult-onset asthma. If you did not have breathing issues back then, your workplace can be the cause of this condition. In California, you may have the right to seek compensation.
Common causes of adult-onset asthma
Even if your lungs were healthy when you were young, they can be vulnerable to diseases. You can develop asthma because of a new or prolonged exposure to these factors:
- Spray paints, epoxy resins and mechanical fumes
- Platinum salts, nickel and chrome
- High concentrations of dust, smoke and strong cleaning agents
- Mold in buildings
Under California law, an injury includes any disease that arises out of employment. When filing a workers’ compensation claim, you need to prove that your work was a contributing factor to your asthma.
Evidence you need to present
California utilizes the Medical Treatment Utilization Schedule (MTUS), which serves as the presumptively correct standard for all medical care in the workers’ compensation system. This schedule dictates what treatment is considered reasonable and necessary.
You need a physician to provide a comprehensive medical-legal report. They will specifically look for work-related factors, such as symptoms that improve during weekends or vacations and flare up upon returning to the job site
Safeguarding your career and future
California law protects you from retaliation for filing a workers’ compensation claim. However, keep in mind that the state has certain deadlines. You must notify your employer within 30 days of realizing your asthma is work-related. Additionally, file a formal claim within one year of when you first suffered disability.