learn Your Rights

Respiratory Illness

Breathing harmful airborne particles in the workplace puts employees at an increased risk of respiratory illness and can have long-term consequences for your health, productivity, and quality of life. However, many workers are not even aware that their jobs are compromising their health. Some respiratory diseases can take years or even decades to develop.

There are many kinds of respiratory conditions that lead to a broad range of complications, including shortness of breath, chronic fatigue, and a lack of stamina. When symptoms become so acute that a worker can no longer reliably perform basic job functions, that employee may be eligible to collect L&I benefits through the Washington State Department of Labor and Industries (L&I). If you are suffering from a respiratory illness, call us today to speak to an experienced Intake Specialist for a Free Case Review and to learn more about how Emery | Reddy, PLLC may be able to help you with your claim.

A medical professional reviews an image of a patients sternum.

High-Risk Jobs

Employees in many different positions can be exposed to particulates that cause respiratory illness, irritation, and disease. Some of the industries with high rates of respiratory problems include:

  • Construction,
  • Mining,
  • Agricultural work involving chemical pesticides and herbicides,
  • Manufacturing,
  • Vehicle repair, and
  • Demolition

In addition, any job where employees repeatedly work around dust, aerosol sprays, or other fine particulates can pose a threat to workers’ health.

Emery | Reddy Can Help You with Your Respiratory Illness Claim

Respiratory illness can be caused by many different factors, including short or long-term exposure to airborne particles, acute injuries, and industrial accidents. Respiratory conditions that may entitle a worker to seek L&I benefits include the following:

  • Asthma
  • Chronic Obstructive Pulmonary Disease (COPD)
  • Lung cancer
  • Emphysema
  • Cystic fibrosis
  • Asbestosis
  • Dyspnea
  • Bronchiectasis

Our Respiratory Illness Attorneys are committed to helping you pursue your claim. Our experienced legal team understands the personal and financial hardships that a work-related injury or occupational illness can cause, and we make every effort to ease that burden and recover the compensation you deserve. To learn more about how Emery | Reddy may be able to help with your claim, please call us today to speak to an experienced Intake Specialist.

Is My Respiratory Illness a Third-Party Claim or an L&I Claim?

Third-Party Claim

third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.

Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.

If your respiratory illness leaves you out of work for an extended period of time,  you may be entitled to compensation for pain, suffering, and lost wages.

L&I Claim

An L&I claim results from a workplace injury or occupational illness. An L&I claim is monitored and managed by an L&I Claims Manager who sees the process through from initial claim filing to closure. If all goes as planned, your claim is accepted by L&I and you will receive certain benefits.

When you are injured or contract certain types of illnesses at work, you are entitled to certain workers’ compensation benefits. You can file an L&I claim in Washington State through the L&I website’s File Fast tool, by calling the L&I office at 877.561.3453, or at your doctor’s office. After you file, it is imperative that you call an experienced L&I attorney to help you navigate the L&I claims process.

Our Seattle L&I Attorneys Will Help You Recover:

  • Medical benefits: L&I medical benefits will cover all medical costs associated with your claim. This can include doctor appointments, treatments, surgeries, occupational therapy, and prescription medications.
  • Time-loss and wage replacement: If you are approved for time-loss benefits, you may receive compensation for the lost wages and vocational rehabilitation.

1. L&I disability pension: life-long benefit awarded to injured workers who will never be able to return to any gainful employment due to a severe or life-threatening injury.

2. Permanent partial disability (PPD) award: a one-time sum paid to injured workers when their L&I claim is closed. The worker can re-enter the workforce following a PPD award.

3. Claim resolution settlement agreement (CRSA): an L&I settlement option where all parties agree to close an injury claim for a specified amount. When agreeing to this settlement type, the injured worker exchanges all future L&I benefits, except medical, for the payment.

We understand that many families depend on the income of an injured worker, and our L&I and Respiratory Illness Attorneys are dedicated to winning the benefits and compensation you are entitled to by law. Our practice was founded on a commitment to advocating for workers’ rights, and we are proud of our record protecting the injured and disabled. Call us today to learn how Emery | Reddy can help you with your respiratory illness claim.

HOW IT WORKS

Watch This Video to Learn More about How Employment Law and L&I Claims Work Together

Your L&I Claim Is Worth More If You Also Have an Employment Claim

A significant number of L&I — workers’ compensation claims often involve additional legal claims such as employment or third-party claims. Many people file their claims without seeking representation from an L&I attorney and thus never discover that, in addition to their L&I claim, they may be missing out on the ability to file an employment claim or a third-party claim. Pursuing additional legal action with the help of an experienced Labor and Industries attorney has the potential to significantly increase a claim’s overall compensation. At Emery | Reddy, our experienced attorneys practice both Employment and Workers’ Compensation Law, which means we will investigate all aspects of your claim to make sure you aren’t missing out on any potential benefits.

What Is an Employment Claim?

Many injured workers find that their employer has taken, or plans to take, adverse action against them because they filed an L&I claim or they are out of work. You can file a lawsuit against your employer for several reasons, including retaliation, wrongful termination, disability discrimination, or unpaid wages. An L&I attorney who is experienced in both L&I — Workers’ Compensation Law and Employment Law can help you with your L&I claim while simultaneously filing a federal or state law claim for the violation of workers’ rights by your employer.

Who Is at Fault for an Occupational Illness?

L&I is a no-fault system, ensuring compensation for any occupational illness. However, if a third party is involved in causing your illness, you may be able to pursue legal action against them for additional compensation under third-party claims.

How Do I Know If I Have a Strong L&I Claim?

If you suffer from a respiratory illness caused by your work and wonder if you should get help with your L&I claim, ask yourself the following:

If any of the above apply to you, Emery | Reddy may be able to help.

Navigating a workers’ compensation claim can be difficult and very time-consuming, especially when you’re ill or injured. You want to focus on healing and make sure your bills are paid, but if you don’t file things properly or on time, your health, home, and job could be in jeopardy. Many individuals miss out on much-needed L&I benefits because they don’t understand what to do or how to get the most compensation for their injuries. If you are experiencing any challenges in your case, a Labor and Industries attorney can assist you. By contacting Emery | Reddy as soon as possible after you’ve been injured, we can help you avoid the common pitfalls of filing and navigating an L&I claim. Our Seattle L&I Attorneys are here for you every step of the way.

patrick reddy in the emery reddy downtown seattle offices seated at his desk

Emery | Reddy Can Help You with Your L&I Claim

Emery | Reddy is the only law firm in Washington state that is equipped to provide comprehensive representation on your case from every angle. Our Seattle L&I Attorneys thoroughly assess every case to determine if our clients have additional claims, and at times this can extend far beyond the underlying workers’ compensation claim.

If you have been injured in the workplace, call Emery | Reddy today for a Free Case Review with an experienced Intake Specialist to learn more about how we may be able help you.

Want More Information?

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to injured workers. Learn more about the claims process, benefits and awards, and IMEs.

Most people suffering from a personal injury have similar questions. Read more to learn the answers to some of the most common personal injury accident questions that we hear from injured workers.

An occupational illness can be any chronic disease or condition that results from an individual’s job or work-related activities. Learn more about occupational illness and if you have a claim.

We fight for you

Meet the Team

The Personal Injury Attorneys at Emery | Reddy, PLLC are passionate about helping workers with L&I claims and Employment Law issues. We Help Workers®. It’s our motto and what drives us every day.

We know how L&I and big companies think, and we understand the tactics they use. Our Labor and Industries Attorneys use that knowledge coupled with over three decades of experience to help our clients get access to the L&I benefits to which they are legally entitled and hold employers accountable when they break the law.

If you’re struggling with an L&I claim, injury, or legal issue at work, call us for a Free Case Review with an experienced Intake Specialist to learn more about how Emery | Reddy may be able to help you today.

“Words cannot express how grateful I am for this respectful, professional and diligent group of workers here. I am truly in awe of this company, my L&I case would have dragged on for much longer had it not been for them. They honestly gave me my life back…”

— Jennifer I.

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