Exposure to toxic chemicals and hazardous working conditions can lead to occupational diseases for housekeeping workers. If workers suffer such diseases, they have the right to recover workers’ compensation benefits. If their claim is denied, or if they do not believe that they are being properly compensated, then a workers’ compensation attorney may be able to help them.
Lawyers can help victims of occupational disease in various ways. Whether that means collecting evidence to support their claim, representing them in a third-party lawsuit, or guiding them through their initial claim, workers’ compensation lawyers play a large role in helping housekeeping workers recover benefits. For more information about compensation for occupational diseases, contact KJT Law Group today.
Understanding Housekeeping Worker’s Rights
If a worker has never had to file a workers’ compensation claim before, then they may be unfamiliar with the claim process and the laws surrounding workers’ compensation. Many workers may not even realize what occupational diseases qualify for workers’ compensation benefits. By understanding their rights, injured workers can ensure they are treated in the fairest way possible.
Housekeeping Workers are Employees
After being diagnosed with an illness, a housekeeper may be told that they cannot file for workers’ compensation. This is false. All employees are entitled to workers’ compensation benefits no matter what industry they work in.
If an employer claims that someone is not an employee but rather an independent contractor, then having an understanding of what qualifies you as an employee can help you proceed with your claim.
- Have the details of their work controlled by another party
- Can be terminated
- Are paid an hourly wage or a salary
- Have their schedule set for them. They can be reprimanded if they do not show up for work at certain times on certain days
- Make payments to unemployment and social security from their paycheck
If a housekeeper meets these qualifications, then they are most likely an employee and not an independent contractor. If their employer disagrees, then they should consider speaking with a lawyer.
What Should a Housekeeper Do After Suffering an Occupational Disease?
If a worker is diagnosed with an illness or disease that could be related to their employment, then they should let their employer know right away. A workers’ compensation claim must be filed within 30 days of diagnosis in order to be able to recover benefits.
Once a claim has been filed, we recommend the employee begin compiling evidence that proves their illness is a result of their employment. While California is a no-fault state when it comes to workers’ compensation benefits, employers may deny a claim by stating that the illness was not work-related.
If this happens, then the worker needs to file an appeal. This will give them the opportunity to prove that their illness was a direct result of their employment. If the claim is accepted, then there is no need to prove how the illness came about. However, it is best to have the evidence on hand in case it is needed.
What Benefits Are Housekeepers Entitled To?
California law states that employees are entitled to recover economic damages as a result of a work-related injury. These damages include:
- Medical expenses for all necessary treatments
- Lost income due to missed work
- Temporary disability benefits
- Permanent disability benefits
- Death benefits
Employees are not entitled to non-economic damages as a result of a workers’ compensation claim. If a third party is the reason for an occupational disease, then the employee may file a personal injury lawsuit against them to collect such damages.
How a Workers’ Compensation Lawyer Can Assist With an Occupational Disease Case
The chemicals that housekeeping workers are exposed to can lead to respiratory diseases, skin conditions, and even cancer. Workers diagnosed with any of these conditions may need significant medical treatment and time to recover from their illness.
To prevent victims from foregoing necessary steps to aid in their recovery, a workers’ compensation attorney can work on their behalf to ensure that all benefits are recovered.
If a claim is denied, then evidence is integral to ensuring benefits are administered in their entirety. A workers’ compensation attorney can gather evidence by:
- Speaking with eyewitnesses
- Reviewing accident reports
- Reviewing the victim’s medical history
- Determining if these are other claims that resulted in victims with the same occupational disease
With this evidence, an attorney can ensure that their client is not being taken advantage of, then present the information to help their client successfully win their appeal.
Call KJT Law Group for Help With a Workers’ Comp Case for Housekeeping Workers
Housekeepers have the right to recover benefits if they suffer from an occupational disease. If they suffer long-term health effects because of their exposure to products, substances, or chemicals present in the workplace, then they have the right to file a workers’ compensation claim.