If you’re a firefighter who has developed a harmful condition, you may be asking yourself, “What are the compensable damages for firefighter occupational diseases in North Carolina?” While the answer isn’t as clear as you might expect, a North Carolina firefighter injury attorney can go over the specifics and give you a better idea of what to expect in terms of compensable damages.
What Are Compensable Damages?
Compensable damages are losses that can be compensated by filing a workers’ comp claim through the North Carolina Industrial Commission. They include both monetary and non-monetary losses. The idea of compensable damages is to give an injured party access to the money they need to restore their original position before the injury occurred. Compensable damages can include:
- Medical expenses
- Wage losses
- Ongoing disabilities
Your workers’ compensation benefits should pay for your medical bills and make up for a percentage of your lost wages. They should also cover care for any ongoing temporary or permanent disability you incurred due to the occupational injury or illness.
What Are Occupational Injuries and Illnesses?
Firefighters develop cancer at a rate that’s 9% higher than that of the general population and die of cancer at a 14% higher rate. Cancer is just one example of an occupational illness. Half of all deaths that occur in the line of duty happen due to myocardial infarctions, and long-term heart disease is rampant among firefighters.
Both cancer and heart disease are examples of serious occupational injuries or illnesses that occur due to toxic exposure on the job. Firefighters are routinely exposed not just to smoke but also to chemical fumes and many other harmful substances. These substances take their toll on the body over time, making firefighters more prone to developing serious illnesses. These illnesses and injuries can include:
- Poisoning
- Compressed-air illness
- Blisters
- Bursitis
- Miner’s nystagmus
- Synovitis
- Tenosynovitis
- Asbestosis
- Silicosis
- Undulant fever
- Hearing loss
Basically, if a cumulative injury or illness was caused by something that happened once or more at work, it’s considered an occupational injury. This is covered by workers’ compensation insurance.
Understanding Compensable Damages in Occupational Illness
Compensable damages work the same way with occupational illnesses as they do with acute injuries. You can get compensated for:
- Medical bills: Your workers’ compensation insurance should pay for all approved medical treatments authorized by your doctor.
- Lost wages: Workers’ compensation insurance will also cover a percentage, typically two-thirds, of your average weekly wage. These benefits are known as temporary total disability benefits. You may also be eligible for temporary partial disability benefits if you can return to work but only at a lower capacity.
- Permanent disability: If you sustain a permanent partial or total disability, you could receive ongoing benefits. The amount of money you get will be based on the extent and nature of your impairment for partial disability. For permanent total disability, you can expect to get two-thirds of your average weekly wage paid to you for the duration of the disability.
The way to get access to these benefits is to file a workers’ compensation claim. You don’t have to prove fault, as you would with a personal injury claim. You just need to prove that your occupational injury or illness was, in fact, caused by your job.
In addition to the benefits described above that are designed to respond to compensable damages, workers’ compensation may also offer:
- Vocational rehabilitation: You may get training to return to suitable employment after you’ve recovered.
- Death benefits: If a worker dies due to their occupational injury or illness, their dependents may recover death benefits.
FAQs
What Are the Occupational Injuries Related to Firefighting?
The occupational injuries related to firefighting include:
- Respiratory diseases, cancer, and heart disease due to exposure to toxic smoke and chemicals
- Hearing loss due to the sirens and other loud sounds to which you’re exposed on a regular basis
- Stress-related conditions brought on by physical exertion
You can be compensated via workers’ compensation insurance for all these occupational injuries and illnesses.
What Qualifies as an Occupational Disease?
What qualifies as an occupational disease is any chronic illness or disorder that arises from your work activities. Among firefighters, common occupational diseases include, among others:
- Cancer
- Heart disease
- Respiratory conditions
- Hearing loss
- PTSD
Firefighters who are diagnosed with these potentially devastating conditions should apply for workers’ compensation benefits. These can pay for medical care and partially make up for lost wages.
Can Firefighters Be Compensated for Occupational Injuries in North Carolina?
Firefighters can be compensated for occupational injuries in North Carolina. The only potential issue is proving that the occupational injury was, in fact, caused by work. You may need the help of an expert witness, such as a doctor, to prove your case. Speaking with a North Carolina firefighter injury attorney is a good idea if you’re having trouble getting your claim approved.
How Much Is Pain and Suffering Worth in North Carolina?
How much pain and suffering is worth in North Carolina varies, depending on the specifics of your case and what type of claim you file. Your lawyer can give you an accurate estimate of how much compensation you can expect to obtain for pain and suffering, alongside your economic damages, such as medical bills and lost wages. You can only get compensated for pain and suffering by filing a personal injury claim. Workers’ compensation won’t cover them.
Hire a Firefighter Injury Lawyer
Knowing the compensable damages for firefighter occupational diseases in North Carolina can be crucial for securing the benefits you need and deserve. When you are ready to pursue these benefits, hire a firefighter injury lawyer who can help you get the compensation to which you are entitled. You can trust Ayers, Ayers & Dressler to handle your firefighter injury claim. We know all the relevant firefighter injury laws and can leverage our knowledge to get you paid.Contact us today.
