Lung damage caused by work can have serious and lifelong impacts on your health. Your options for getting compensation will depend on whether your employer has opted out of the Texas workers’ compensation system. If your employer is not participating in workers’ compensation, you will usually need to prove negligence caused your injury. Hiring a work accident attorney could help you do exactly that.
A Houston workplace lung injury lawyer could help you determine which process you need to use to get compensation for your medical bills, lost wages, and other expenses following a workplace injury.
Common Causes of Lung Injuries in the Workplace
Most workplace lung injuries develop over time due to exposure to smoke, exhaust, inhaling small particles, or chemicals. This type of exposure can lead to diseases like asthma, hypersensitivity pneumonitis, and silicosis, and usually cannot be reversed. Rather, this damage can only be managed to prevent it from worsening. Acute injuries are also possible during workplace accidents, such as falls or vehicle accidents that cause chest injuries and punctured lungs.
Lung diseases that develop gradually can make getting compensation more difficult because the connection between work and lung damage may be less obvious. Whether the injured worker is filing a lawsuit or claiming workers’ compensation, they must prove that their injury or illness was caused by their work duties or environment. If a lung problem develops over multiple years, establishing the cause can require complex medical evidence and arguments that a workplace lung injury attorney in Houston can help you collect.
Options for Compensation
In Texas, most employers can opt out of the state workers’ compensation system. These employers are called non-subscribers. Workers’ compensation covers medical bills and a portion of lost wages while the injured person is out of work. This can be temporary or permanent depending on the seriousness of the lung injury. Workers’ compensation is a no-fault system, meaning an employee does not have to prove that their employer was negligent or otherwise responsible for their illness or injury to get compensation. If an employer participates in workers’ compensation, their employees cannot sue for workplace injuries.
If the employer is a non-subscriber, the injured employee can file a lawsuit for their workplace lung injury with the help of a Houston attorney. Damages in a lawsuit can cover medical bills and lost income, including lost future earning capacity. However, unlike workers’ compensation claims, lawsuits can also provide non-economic compensation that covers pain and suffering or loss of enjoyment of life. In a lawsuit, the injured person must prove that their employer was responsible for their injury. For example, if the employer failed to provide respirators while an employee was working with hazardous materials, they would be considered liable.
Discuss Your Workplace Lung Injury Case With a Houston Attorney Today
While a lawsuit can provide more compensation, it is much more complicated to file than a workers’ compensation claim. A Houston workplace lung injury lawyer could help you determine whether you have a strong case. If you do, hiring a personal injury attorney could help you get the compensation you deserve so you can focus on your health instead of worrying about your income. Contact Schechter, Shaffer & Harris for a free case evaluation today.
