Oregon Workers Beware of Bug Bombs
Oregon Workers' compensation laws covers exposure to toxins or fumes, and a recent study from the Journal of the American Medical Association documents another potential hazard: bug bombs. One case involved a man on the job who went into a building to disarm a smoke alarm after setting off a bug bomb. He ended up in the hospital.
In Oregon, if a worker is exposed to fumes or dust, and it causes a disability, or the need for a trip to the doctor, there may be a claim under the workers compensation statute. It's called an occupational disease claim. However, the injured worker has to show that the exposure to the chemical, whether its from a bug bomb, paint, or some other chemical, is the major cause of the need for medical care. Often, employers and their insurance companies will look at other contributors to a breathing problem, like smoking, already existing asthma, or some other factor. This can make a claim complex and difficult to prove.
Often times, I spend a lot of time educating the doctors about the legalities of the workers compensation system so that doctor can make an informed opinion about what is causing a medical problem. Doctors often educate me about how these problems come about in the first place. If you have a denied claim, it's a good idea to have an attorney review your claims file to make sure you know all your options.
