If I have breathing problems after occupational dust exposure at work, can I file a lawsuit? 13 Answers as of September 17, 2015

I was exposed to heavy dust at work last year, and had to receive breathing treatments and steroids from my doctor. I became ill a few days after the incident, and had to be rushed to the ER because I could not breathe. If I am still pretty sick, do I have a case? A year later and I still have had asthma like symptoms.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of George H. Shers | George H. Shers
Since this was an injury you suffered at work, you have to use the Workers' Compensation system and can not sue your employer in civil court. If someone else was responsible for the injury [you work as a laborer and were tearing down a building that had mold spores, etc.], you might be able to sue the owner of the building. Speak to some local W.C. attorneys to see what can be done, especially since some states have a one year statute of limitations for filing a lawsuit.
Answer Applies to: California
Replied: 9/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You might have a case. It is also possible that you would be limited to workers compensation. Your best bet is to consult a personal injury lawyer who is well versed in workers compensation.
Answer Applies to: Wisconsin
Replied: 9/16/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
You may check your workman compensation policy.
Answer Applies to: Utah
Replied: 9/16/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Possibly, if the doctor is willing to testify under oath that your condition is work related. Good luck.
Answer Applies to: Alabama
Replied: 9/16/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Typically when you are injured at work, you would receive workers compensation that would pay for your medical treatment and pay a statutory rate for any related time off work. If a "3rd party" (ie: someone other than the employer or co-employees) is involved in creating a work hazard you may be able to have a claim against them. You would need to have this investigated by your employer, your union or an attorney you retain.
Answer Applies to: Michigan
Replied: 9/16/2015
    Gates' Law, PLLC | Thomas E. Gates
    You can file a L&I claim with the state.
    Answer Applies to: Washington
    Replied: 9/16/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You have a workers comp claim; please see a lawyer who specializes.
    Answer Applies to: California
    Replied: 9/16/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may be able to file a claim, but you should contact an attorney immediately, due to the fact that you have a limited amount of time to file a claim.
    Answer Applies to: Illinois
    Replied: 9/16/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    In Michigan, the law says that if you become ill or injured, and the illness or injury arises out of the employment, you have a workers compensation case. In a situation like this, you will need an occupational medicine doctor, a lung specialist. Of course, you will also need a good lawyer.
    Answer Applies to: Michigan
    Replied: 9/16/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    Occupational exposure at work implicates the workers' comp law and system, first of all. So - you should file a claim with the Division of Workers' Comp, if that wasn't already established last year. The question of a lawsuit depends upon any involvement by a party outside of your employment. If not, it's comp. Your medical treatment should have been, and continue to be covered under comp. If you have permanent impairment, that can bring additional compensation to you. If your claim's not already in process, you should probably contact an attorney for help.
    Answer Applies to: Colorado
    Replied: 9/16/2015
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    You may have a claim for more than Worker's Comp if it can be proved that your employer placed you in a situation of risk (deliberate intent). Contact a Super Lawyer rated personal injury attorney in your area for a free consultation. Most importantly, keep seeking care until you are well.
    Answer Applies to: West Virginia
    Replied: 9/16/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney