Lung damage can result from exposure to asbestos, silica dust, smoke, chemical fumes, or mold. These exposures are especially common in the construction, manufacturing, mining, and cleaning industries.
If your doctor has linked your breathing problems or respiratory disease to your work environment, an attorney could help you recover medical costs and lost wages through a workers’ compensation claim. A Chicago workplace lung injury lawyer from McCready Law could evaluate the facts of your case and advise you on the appropriate legal approach.
In some situations, employers or insurance carriers dispute that respiratory illness is work-related. This is especially common for diseases that take years to develop, such as chronic obstructive pulmonary disease, silicosis, and mesothelioma. However, under the Illinois Workers’ Compensation Act (820 ILCS 305), workers are entitled to benefits if they can show that their condition arose out of and in the course of their employment.
To strengthen a work-related lung injury case, a Chicago attorney could gather medical records, professional testimony, and exposure history to establish a connection between the work and the injury. Medical professionals could explain how prolonged exposure to specific workplace hazards likely caused or aggravated the illness.
If an employer continues to dispute the victim’s right to workers’ compensation benefits, the state’s workers’ compensation commission can conduct a hearing to resolve the issue. An attorney from McCready Law could represent you throughout this process.
Under state law, workers must notify their employer of a work-related injury or illness within 45 days of its discovery. For conditions such as occupational asthma or asbestos-related diseases, the time limit begins when a doctor first informs the worker that their condition is related to their job.
Additionally, workers’ compensation claims must be filed within three years of the injury or within two years of the last payment of benefits, whichever is later. A job-related respiratory condition lawyer in Chicago could ensure that all paperwork is filed within the deadlines.
The state’s workers’ compensation system generally prevents employees from suing their employer directly if they have also received workers’ compensation benefits. However, third-party lawsuits are sometimes appropriate. There are instances where a product manufacturer, contractor, or property owner negligently caused or contributed to the toxic exposure. In such cases, we may be able to file a separate lawsuit for pulmonary damage on behalf of the injured party in addition to the workers’ compensation claim.
An attorney knows that the time needed to resolve an occupational lung injury case in Chicago depends on the case’s complexity, the type of legal action pursued (workers’ compensation or lawsuit), and whether the claim is contested. Uncontested workers’ compensation claims are often settled within a few months. However, cases involving denied claims, hearings, or third-party lawsuits can take more than a year to resolve.
Factors that affect the timeline include the need for specialist medical evaluations, the extent of the injury, and the willingness of the employer or insurer to negotiate. Third-party lawsuits often take longer, especially if they proceed to trial.
The legal team at McCready Law has extensive experience representing individuals with serious occupational illnesses. With over 90 years of collective experience, McCready Law has recovered more than $30 million for its clients and secured verdicts in dozens of jury trials.
A Chicago workplace lung injury lawyer could help identify all available avenues of recovery and ensure you get the benefits you deserve. Contact McCready Law today to schedule a free case review.
