Montana residents who are exposed to chemicals, fumes and dust in the workplace may be at risk for a variety of occupational diseases. Workers in the oil fields and other industries may be exposed to silica dust, welding fumes, diesel fumes and a host of other substances that can cause serious illness.
When a worker contracts an occupational illness, they may have the right to recover workers’ compensation benefits. But in many occupational disease cases they can also bring a third-party lawsuit against a chemical or equipment manufacturer responsible for the exposure.
Occupational disease claims can be more challenging to prove in court and are often aggressively defended by employers, third-party defendants and insurance companies. For example, if a worker claims they contracted a lung disease due to an on-the-job exposure, the defendant may argue that the worker’s smoking history was the real cause. Or a worker who suffers from a severe rash due to workplace cleaning compounds may be questioned at length in a deposition about cleaning products in his or her home.
Expert medical testimony is critical in occupation disease cases, both to establish the disease was caused by a workplace exposure and to prove the medical impact and the damages suffered by the claimant. Anyone who is worried that they have contracted a chronic illness due to conditions in their workplace can benefit from consulting an experienced personal injury and workers’ compensation law firm.
At the law firm of Edmiston & Colton, we have been proudly representing injured Montana workers for many years. We understand the defenses employers and chemical companies will raise in an occupational illness case. There is more information about how our law firm can help injured workers on our web page.