Learn which workers are most at risk for occupational asthma and how to file a workers’ comp claim to get the benefits you deserve in Charlotte
Occupational asthma is a serious concern for workers in North Carolina who are exposed to allergens or irritants in the workplace. As a type of occupational disease, it can develop from ongoing exposure to dust, chemicals, or other hazardous substances. Asthma symptoms can make it difficult to perform your job and impact your overall well-being. Understanding common triggers, symptoms, and specific workplace risk factors is essential for managing your condition and protecting your rights.
From seeking medical treatment to filing for workers’ compensation benefits, it’s important to take the right steps to safeguard both your health and livelihood. This guide will provide you with the key information you need about occupational asthma and how to secure workers’ compensation in Charlotte.
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.
What are the symptoms of occupational asthma?
The symptoms of occupational asthma are similar to those of general asthma but occur or worsen in the workplace due to exposure to specific triggers. Common symptoms include:
- Wheezing
- Shortness of breath
- Chest tightness
- Coughing
- Runny nose or nasal congestion
- Eye irritation
- Fatigue or feeling unusually tired
These symptoms may start shortly after exposure to a workplace irritant or may develop over time with repeated exposures. In severe cases, occupational asthma can lead to chronic breathing problems if not managed properly.
Is occupational asthma common?
Yes, occupational asthma is relatively common, particularly in jobs where workers are exposed to substances like dust, chemicals, fumes, or allergens.
According to the American Academy of Allergy, Asthma & Immunology, work-related asthma affects approximately 1.9 million U.S. workers and accounts for about 15.7% of all adult asthma cases, making it one of the most common work-related respiratory diseases in the U.S.
Which workers are most likely to get occupational asthma?
Workers most likely to develop occupational asthma are those who are regularly exposed to irritants or allergens in their workplace environment, especially if they don’t use the necessary personal protective equipment (PPE) or their workspace is poorly ventilated.
Workers who are most at risk for occupational asthma include:
- Food processors, especially poultry workers
- Firefighters and first responders
- Bakers
- Welders
- Mechanics
While job-related factors play a major role in the development of occupational asthma, personal health factors like allergies, smoking, or pre-existing respiratory issues can also increase your risk, so it’s important to seek medical attention and document your symptoms to support your workers’ comp claim.
North Carolina Workers’ Compensation for Pre-existing Conditions
Are you still eligible for workers’ compensation if you have a pre-existing condition?
What are the leading causes of occupational asthma?
According to the Centers for Disease Control and Prevention (CDC), there are more than 300 substances in U.S. workplaces that are known to cause asthma or make asthma symptoms worse.
Some of the top triggers include:
- Isocyanates found in products like paints, foams, and plastics
- Food products like grain, flour, coffee dust, artificial sweeteners, cotton, flax, and hemp
- Animal dander and proteins
- Fumes from welding or soldering
- Gasses like chlorine gas, ozone, and sulfur dioxide
- Cleaning agents and chemicals like bleach, ammonia, and chlorine
- Latex
- Wood dust
- Spray paint and epoxy resin
- Cement dust
- Smoke
- Diesel exhaust
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.
Who Is Exempt From Workers’ Comp in North Carolina?
Learn which NC employers aren’t required to provide workers’ comp benefits and how to verify your eligibility after an injury at work.
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 Charlotte 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 Charlotte 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.
Contact Wilder Pantazis Law Group today for a free consultation and find out how we can help you get the compensation you deserve.
References
American Academy of Allergy, Asthma & Immunology. (2016). Asthma Statistics | AAAAI. Aaaai.org. https://www.aaaai.org/about/news/for-media/asthma-statistics
CDC. (2024). About Work-related Asthma. Work-Related Asthma. https://www.cdc.gov/niosh/asthma/about/index.html