Workers' Comp for Smoke Inhalation

For weeks, Californians have lived under a thick blanket of smoke due to record-breaking wildfires throughout the state. In addition to the massive devastation wildfires cause, employers and employees should be aware of the threat smoke exposure poses, and what rights employees have if they are affected.

Firefighters, fieldworkers, and other employees who spend the majority of their shifts outside or near the front door of establishments could be at risk of breathing in smoke from the numerous wildfires raging across the state. This smoke contains chemicals, gases, and fine particles that pose serious risks to human health. People with heart disease, chest pain, or lung diseases like asthma are at particular risk.

So, are you eligible for workers’ compensation if your job exposes you to this dangerous smoke? Read on to find out.

Smoke Inhalation Symptoms

Smoke inhalation is the number one cause of death related to fires. It’s a serious condition that has an incredibly negative impact on your health. It’s possible to develop a variety of symptoms of smoke inhalation:

• Coughing – when the mucous membranes of the respiratory tract get irritated

• Hoarseness or noisy breathing – when fluids are collecting in the upper airway

• Shortness of breath – caused by direct injury to the respiratory tract

• Irritated eyes – it’s even possible to have burns on the cornea

• Headaches – fires expose you to carbon monoxide. Even if you do not experience respiratory issues, you may still have inhaled carbon monoxide.

If you’ve inhaled a lot of smoke in the course of your work, it’s important to get medical attention at once. Doctors can perform tests to see how extensive the damage is, and what kind of treatment you need.

Workers’ Comp for Smoke Inhalation

Workers compensation benefits are given to injured workers whenever they require treatment, or medical attention because of an injury sustained at work, or an illness developed as a result of their work.

If your job requires you to be outdoors in close proximity to wildfires, or while smoke from the wildfires remains in the air, you may be eligible for workers’ compensation benefits. The only caveat is that you will likely need to prove that exposure to smoke at work caused your illness and that you would not have contracted these health problems outside of work.

Preexisting conditions, such as heart or lung problems, can be made worse by smoke inhalation and you may be eligible for benefits if the smoke made your existing health issue worse.

Presumption of Causality for Firefighters

Each day, firefighters are at risk of smoke inhalation at work because of their place on the frontlines of battling wildfires. When a firefighter displays smoke inhalation symptoms, their work is presumed to be the cause and they are more easily able to receive workers’ comp benefits and possibly disability leave until they recover.

Workers’ Comp Attorneys for Smoke Inhalation

Even if you work outside all day with wildfire smoke in the air, it can still be difficult to receive workers’ compensation benefits for smoke inhalation. If your claim has been denied, a Certified Workers’ Compensation Specialist may be able to help. Working with an attorney can help improve the likelihood of your case being approved in order to get you the benefits you deserve.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.