Workers’ Comp Attorneys’ Blog

Workers Comp for Outdoor Workers with Smoke Inhalation

The 2024 fire season in California has proven to be particularly devastating, with unprecedented wildfires ravaging vast areas of the state. These fires have not only destroyed property and wildlife habitats but have also dramatically impacted air quality across California and beyond. The smoke from these wildfires contains a complex mixture of particulate matter, carbon monoxide, and other harmful pollutants, leading to hazardous air quality conditions that can persist for weeks or even months. This poor air quality poses significant health risks, especially for those who work outdoors, such as landscape and agricultural workers.

For outdoor workers exposed to this polluted air, the health implications can be severe and long-lasting. Prolonged exposure to wildfire smoke can lead to respiratory issues, exacerbate existing conditions like asthma, and potentially contribute to long-term cardiovascular problems. Employees who suffer health issues due to poor air quality while performing their job duties – including landscape and agricultural workers – are eligible for workers comp benefits. This can include coverage for medical treatment, temporary disability benefits if they are unable to work due to their condition, and potentially permanent disability benefits if the exposure results in long-term health effects.

In this article, the experienced California workers comp attorney at Cantrell Green discuss respiratory hazards for outdoor workers such as landscape employees, farm workers and others who work in locations where wildfire smoke can travel. (NOTE: This does not cover respiratory hazards for firefighters and emergency responders who are typically covered under their employee benefits plan READ MORE ABOUT FIREFIGHTER BENEFITS HERE).

Employers Must Protect Workers from Poor Air Quality

Employers have a responsibility to protect their workers from hazardous air quality conditions, which may include providing appropriate personal protective equipment, modifying work schedules to avoid the worst air quality periods, or even temporarily halting outdoor work when air quality reaches dangerous levels.

In response to California’s devastating wildfires, Cal/OSHA enacted an emergency regulation in 2019 to aid California outdoor workers who are exposed to wildfire smoke when the inevitable happens. This law was amended and revised over the course of the next two years, and now stands as California Code of Regulations, title 8, section 5141.1

This law applies to most outdoor workplaces where the current Air Quality Index (current AQI) for airborne particulate matter 2.5 micrometers or smaller (PM2.5) is 151 or greater, and where employers should reasonably anticipate that employees could be exposed to wildfire smoke. This regulation requires employers to take steps to protect their employees when air quality reaches dangerous levels due to wildfire smoke.

Regulations Require Protection Against Smoke Inhalation

Employers are now required to monitor air quality at their worksites. If possible, measures must be taken to reduce harmful exposure; however, if not possible, employers must provide respirators for employees to use.

Under the new emergency regulations, employers are required to:

• Monitor the Air Quality Index (AQI) for particulate matter 2.5 (PM 2.5) present where their employees are located.
• Take whatever steps are necessary to reduce an employee’s exposure to smoke when the AQI for PM 2.5 reaches 150 or higher. Some steps may be to relocate the employees to an enclosed building that has filtered air.
• Provide respirators rated N95 or above for employees if it is impossible to provide a workspace where the particulates are at an acceptable level.
• Arrange for employees to receive information about the new regulation, how wildfire smoke can affect their health, and about the location, safe use and maintenance of respirators.

If your job requires you to work in an area where wildfire smoke is an issue, your employer must take these appropriate steps to ensure your safety. If your employer fails to do so, you may file a complaint with Cal/OSHA.

Workers Comp for Smoke Inhalation

Workers who believe their health has been impacted by poor air quality on the job should report their concerns to their employer and seek medical attention promptly to establish a clear link between their work conditions and their health issues, which is crucial for a successful workers’ compensation claim.

Smoke inhalation can have a devastating effect on the lungs, resulting in both chronic and long-term respiratory illness and injuries. Particulates within the smoke can be inhaled deep into the lungs, and the carbon elements cause severe damage to the cilia and alveolar surfaces. And that’s not all. When wood burns, aldehydes and acrolein can be released. These are also highly toxic, causing protein destruction deep within the lung tissues.

Smoke inhalation may also cause or aggravate a condition called COPD (Chronic Obstructive Pulmonary Disease). COPD refers to any lung disease that blocks the airflow, affecting a person’s ability to breathe. Two of the more common types of COPD are chronic bronchitis and emphysema, either of which can be caused by or aggravated by inhaling smoke.

While advances are constantly being made in the treatment of COPD, there is currently no cure, which means that a patient will undergo treatment for the rest of his or her life. Many times the patient is not able to work as a result of COPD, and eventually becomes eligible for workers comp permanent disability benefits.

Workers Comp Attorneys for Smoke Inhalation

If you were injured at work because of inhaling smoke, you are entitled to workers comp benefits, no matter how the smoke was generated or what type of work you do. Proving your case, however, may be difficult. Many workers comp insurance carriers initially deny smoke inhalation claims, claiming that the lung condition was actually caused by factors outside of the workplace (such as smoking, exposure to toxins away from the work environment, heredity, etc.).

That’s why it is important to seek the assistance of an experienced, aggressive workers comp attorney like those at Cantrell Green. Our experienced Long Beach workers comp attorneys will help you compile and submit all of the medical documentation necessary to be sure you receive all of the benefits to which you are entitled. Give us a call today to schedule an appointment to discuss your case, your options, and how to proceed. Our first consultation is always free.

Your consultation with our workers’ comp attorneys is 100% confidential, and neither your employer nor your insurance company will be notified that you requested a consultation with us. Our workers comp attorneys will help you understand your rights and work tirelessly to ensure that you receive the maximum workers’ comp benefits for which you qualify. Our attorneys speak both Spanish and English.

Workers Comp for Smoke Inhalation FREE CONSULTATION: 800-964-8047