Get a Free Consultation with a Personal Injury Lawyer

Review by T.V.

"I highly recommend BB&G ... I would give 10 stars if I could!"

Review by G.V.

"I am so very pleased with the representation from BB&G!"

Review by M.S.

"The attorneys at BBG were exceptional. The outcome was better than we hoped."

Review by R.G.

"From the moment I contacted this firm I was treated like family."

Review by A.H.

"We couldn't be happier with the outcome or the excellent service."

Review by V.A.

"We felt very secure and confident with their representation."

Review by J.P.

"Briskman Briskman & Greenberg is a legal force to be reckoned with."

Review by T.Z.

"I'm happy with how they handled my case and recommend giving them a call!"

Review by K.N.

"Very easy process with the help of these amazing people. Very happy outcome!"

FREE CONSULTATION

GET A FREE CONSULTATION

Our Lawyers

Chicago Workers’ Compensation Lawyers for Occupational Asthma

Occupational asthma is a serious, work-caused lung condition that affects Chicago workers across many industries, from the steel mills along the Calumet River to the manufacturing plants in the suburbs surrounding the Loop. If your breathing problems started or got worse after you began a job, you may have a legal right to workers’ compensation benefits under Illinois law. Briskman Briskman & Greenberg is a Chicago personal injury lawyer firm that has represented injured workers throughout the Chicago area for decades. This page explains what occupational asthma is, how Illinois law protects you, and what steps to take to protect your health and your claim.

What Occupational Asthma Is and Why Chicago Workers Are at Risk
Illinois Law Covers Occupational Asthma as a Compensable Disease
Jobs and Workplaces in Chicago That Commonly Cause Occupational Asthma
What Benefits You Can Recover Under Illinois Workers’ Compensation for Occupational Asthma
How to Prove Your Occupational Asthma Claim in Illinois
Steps to Take After an Occupational Asthma Diagnosis in Chicago
FAQs About Chicago Workers’ Compensation for Occupational Asthma

What Occupational Asthma Is and Why Chicago Workers Are at Risk

Work-related asthma includes two categories: occupational asthma, which is new-onset asthma caused by exposures at work, and work-exacerbated asthma, which is previously diagnosed asthma that gets worse at work. Both types can qualify for workers’ compensation benefits in Illinois.

Over 300 known substances in the workplace can cause or worsen asthma. Chicago’s industrial base puts workers in contact with many of those substances every day. Workers in manufacturing plants near the Dan Ryan Expressway corridor, warehouses along I-55, chemical facilities near the Chicago Sanitary and Ship Canal, and auto body shops throughout Cook County all face real respiratory risks on the job.

Around 11 million workers are exposed to at least one known asthmagen in their workplace, and 1 in 6 adult-onset asthma cases is caused by occupational exposures. That is a significant number, and it means many workers who think they simply “developed asthma” may actually have a compensable occupational illness.

There are more than 300 workplace substances that can cause new asthma and many more that can worsen it. These workplace substances include common exposures like cleaning products, mold, and wood dust. Symptoms can appear soon after exposure or months or years after repeated exposure. That delayed onset is one reason workers often do not connect their condition to their job right away.

Work-related asthma is when your job exposes you to airborne chemical fumes, dust, and other irritants that can trigger your asthma. In developed countries, it is one of the most common lung diseases related to work. Chicago workers in construction, food processing, healthcare, and janitorial services are among those most commonly affected.

Illinois Law Covers Occupational Asthma as a Compensable Disease

Illinois does not treat occupational asthma like a simple workplace accident. It is governed by a specific statute: the Workers’ Occupational Diseases Act, 820 ILCS 310. This law was created specifically to protect workers whose health is harmed by conditions in their employment, including respiratory diseases like asthma.

Under 820 ILCS 310, an “occupational disease” means a disease arising out of and in the course of employment, or one that has become aggravated and rendered disabling as a result of workplace exposure. The law requires that there be a causal connection between the conditions under which the work is performed and the disease. Importantly, the risk must be peculiar to or increased by the employment, not something common to the general public.

This is a critical distinction. You do not need to prove your employer was careless. You need to show that your asthma arose from a risk tied to your specific job. A spray painter exposed to isocyanates, a baker breathing flour dust near Midway Airport, or a janitor in a Chicago Public Schools building breathing cleaning chemicals all face risks that are heightened by their work.

Under 820 ILCS 310, disablement from occupational asthma must generally occur within two years after the last day of last exposure to the hazards of the disease for a claim to be compensable. This deadline makes it important to act quickly. Every employer subject to the Act is also required to maintain accurate records of work-related illnesses and to report cases to the Illinois Workers’ Compensation Commission when an employee loses more than three scheduled workdays.

If your asthma claim is denied or disputed, the Illinois Workers’ Compensation Commission, the state agency created under the Workers’ Compensation Act approved July 9, 1951, as amended, handles contested claims through an arbitration process. A workers’ compensation lawyer can represent you at every stage of that process, from filing to arbitration hearings.

Jobs and Workplaces in Chicago That Commonly Cause Occupational Asthma

Occupational asthma does not target one type of worker. It affects people across a wide range of industries, and Chicago’s diverse economy creates many exposure opportunities. Work-related asthma is associated with workplace irritants, allergens, and physical conditions. Examples include animal dander, insects and dust mites, cleaning products, wood dust, and vapors from chemicals such as ammonia, bleach, or isocyanates.

A variety of occupations and exposures can cause or trigger asthma, including diisocyanates found in polyurethane and plastic production, spray painting, and foam-coating manufacturing. Workers at facilities near the Chicago Lawn neighborhood, in the Pilsen industrial corridor, or along the North Branch of the Chicago River face these exposures regularly.

Healthcare workers, including nurses and hospital staff at facilities like those near the Illinois Medical District on the Near West Side, can develop asthma from latex gloves, disinfectants, and sterilizing agents. Food processing workers handling flour, grain, or animal products face biological sensitizers. Welders at Chicago-area fabrication shops breathe metal fumes. Painters, carpenters, and roofers working on construction projects throughout the city breathe chemical vapors, wood dust, and solvents daily.

Whether you work indoors or outdoors, your work environment can expose you to irritants and allergens that may be different from those you encounter at home. Industrial or wood dusts, chemical fumes, solvents, pests, molds, secondhand smoke, vehicle exhaust, ozone and particulate matter air pollution are just a few common exposures at work.

Symptoms for work-related asthma tend to get better on weekends, vacations, or other times when away from work. However, in some cases, symptoms do not improve until extended time away from exposures or triggers. If you notice your breathing is better on days off and worse when you return to work, that pattern is medically significant and should be reported to your doctor.

What Benefits You Can Recover Under Illinois Workers’ Compensation for Occupational Asthma

Illinois workers’ compensation provides real financial relief for workers with occupational asthma. Under the Workers’ Compensation Act, 820 ILCS 305, your employer must pay for all necessary medical treatment to cure or relieve the effects of the occupational disease. That includes emergency care, doctor visits, specialist appointments, pulmonary testing, prescription inhalers and medications, and any required hospitalization.

Beyond medical bills, you can recover wage replacement benefits if your asthma prevents you from working. Temporary Total Disability (TTD) benefits replace a portion of your wages while you are completely unable to work. If you can work in a reduced capacity, Temporary Partial Disability (TPD) benefits cover the wage gap. Workers who suffer permanent lung damage may qualify for Permanent Partial Disability (PPD) or, in severe cases, Permanent Total Disability (PTD) benefits.

Vocational rehabilitation is also available if your asthma prevents you from returning to your previous job. This benefit can cover training and education costs to help you move into a different line of work that does not expose you to asthma triggers. For workers in industrial jobs near Chicago’s South Side or in the suburbs, this can mean the difference between financial recovery and long-term hardship.

Despite the high morbidity and cost of work-related asthma, only 49% of affected workers had applied for workers’ compensation. That means a significant number of workers with valid claims never pursued the benefits they earned. Do not be among them. A workers’ compensation lawyer can evaluate your claim and help you understand what benefits you may be entitled to receive.

In cases where a third party, such as a chemical manufacturer or equipment supplier, contributed to your exposure, a separate civil claim may also be possible alongside your workers’ compensation case. These third-party claims can provide compensation beyond what the workers’ comp system allows, including damages for pain and suffering.

How to Prove Your Occupational Asthma Claim in Illinois

Proving an occupational asthma claim requires medical evidence and a clear connection between your work exposures and your diagnosis. Illinois law under 820 ILCS 310 requires that a causal connection be apparent to the rational mind, upon consideration of all the circumstances, between the conditions of your work and the disease.

Information about job tasks, materials used, and when symptoms occur are important for fact-finding. Healthcare providers may perform breathing tests such as peak flow readings, spirometry, and methacholine challenge, as well as allergy testing to help diagnose asthma. Getting the right testing done early is one of the most important steps in building a strong claim.

Tell your doctor about work exposures and possible triggers including your job, tasks, and materials you use. Also consider recording when and where your symptoms occur to help determine any patterns. Keeping a written log of your symptoms, especially noting that they worsen at work and improve on days off, creates a record that supports your claim.

You should also report your condition to your employer in writing as soon as possible. Under 820 ILCS 310, employers are required to report occupational diseases to the Illinois Workers’ Compensation Commission. Prompt reporting protects your rights and creates an official record. If your employer or their insurance carrier disputes your claim, the matter goes before an arbitrator at the Commission, where medical records, expert testimony, and workplace exposure evidence all play a role.

Working with a workers’ compensation lawyer who understands occupational disease claims makes a meaningful difference in how your case is built and presented. Briskman Briskman & Greenberg can help gather the evidence needed, work with medical professionals, and advocate for the full benefits you deserve before the Illinois Workers’ Compensation Commission.

Steps to Take After an Occupational Asthma Diagnosis in Chicago

Acting quickly after an occupational asthma diagnosis protects both your health and your legal rights. The steps you take in the days and weeks following a diagnosis directly affect the strength of your workers’ compensation claim.

First, seek medical care from a qualified physician and be completely honest about your work history and exposures. Tell your doctor about work exposures and possible triggers including your job, tasks, and materials you use. Also consider recording when and where your symptoms occur to help determine any patterns. A doctor who understands occupational medicine can properly document the connection between your job and your asthma.

Second, report your condition to your employer in writing. Illinois law requires that you notify your employer of an occupational disease. Failing to do so can jeopardize your claim. Keep a copy of everything you submit. If your employer retaliates against you for filing a workers’ compensation claim, that is illegal under Illinois law, and you have additional legal protections.

Third, file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission. This is the formal document that opens your case. Under 820 ILCS 310, you generally have two years from the date of disablement to file. Do not wait. If your claim involves asthma caused by exposure to silica or berylliosis, the filing window extends to three years from the last day of last exposure.

Fourth, avoid settling your claim too quickly. Under 820 ILCS 310, any agreement made within seven days of disablement is presumed to be fraudulent. Insurance carriers sometimes move fast to offer low settlements before you understand the full extent of your condition. A workers’ compensation lawyer at Briskman Briskman & Greenberg can review any offer before you sign anything.

Finally, follow your treatment plan. The most important step in managing work-related asthma is stopping or reducing exposure to the triggers that cause symptoms, along with appropriate medical treatment. Gaps in treatment can be used by an insurance company to argue that your condition is not as serious as claimed. Consistent medical care protects both your health and your legal position. Call Briskman Briskman & Greenberg at (312) 222-0010 to speak with a workers’ compensation lawyer about your occupational asthma claim today.

FAQs About Chicago Workers’ Compensation for Occupational Asthma

Can I file a workers’ compensation claim for occupational asthma if I already had asthma before my job?

Yes. Illinois law under the Workers’ Occupational Diseases Act, 820 ILCS 310, covers both new-onset occupational asthma and pre-existing asthma that has been aggravated and rendered more disabling by workplace exposure. The key requirement is that the aggravation must arise from a risk that is peculiar to or increased by your employment. If your job made your existing asthma significantly worse, you may still have a valid claim for the portion of your disability attributable to that work aggravation.

How long do I have to file an occupational asthma workers’ compensation claim in Illinois?

Under 820 ILCS 310, disablement from occupational asthma must generally occur within two years after your last day of exposure to the workplace hazard that caused the disease. You then typically have three years from the date of disablement, or three years from the last payment of compensation if any has been paid, to file your Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission. Because these deadlines can be complex depending on your specific exposure history, speaking with a workers’ compensation lawyer as soon as possible is strongly recommended.

What if my employer denies that my asthma is work-related?

Denial by an employer or their insurance carrier is common in occupational asthma cases because establishing causation requires medical evidence. If your claim is denied, you have the right to contest it before the Illinois Workers’ Compensation Commission through its arbitration process. An arbitrator will review your medical records, your work history, and any expert testimony to determine whether your asthma qualifies as an occupational disease under 820 ILCS 310. Briskman Briskman & Greenberg can represent you through every stage of that process. Call (312) 222-0010 to discuss your situation.

Can I choose my own doctor for occupational asthma treatment under Illinois workers’ compensation?

Yes. Under the Workers’ Compensation Act, 820 ILCS 305, Section 8, an employee may elect to secure their own physician, surgeon, and hospital services at the employer’s expense. However, if your employer has established an approved Panel of Physicians posted in the workplace, there may be initial requirements about which providers you see. Understanding your rights regarding doctor selection is important, because the treating physician’s documentation plays a major role in your claim. A workers’ compensation lawyer can help you make informed decisions about your medical care from the start.

Does Briskman Briskman & Greenberg handle occupational asthma cases throughout the Chicago area?

Yes. Briskman Briskman & Greenberg represents workers with occupational illness and injury claims throughout Chicago and the surrounding communities, including Cook, DuPage, Kane, Will, and Lake counties. The firm handles workers’ compensation claims at all stages, from initial filing through Illinois Workers’ Compensation Commission hearings. If you have been diagnosed with occupational asthma or suspect your breathing problems are connected to your job, contact Briskman Briskman & Greenberg at (312) 222-0010 for a consultation. Viewing this page does not create an attorney-client relationship.

More Resources About Occupational Diseases & Long-Term Conditions

The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

- Joshua Payton

I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

- Nakia Childs

I needed a personal injury lawyer and Gavin and his team went above and beyond.

They made the process simple and helped me in every step of the way. What I really appreciate is that they are straightforward and are quick to respond to my questions and any issues from a text or phone call. They as well continuously checked up on me. I'm happy with how they handled my case and would recommend giving them a call!

- Ted Zakrzewski

Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

- Robin Albritton

If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

- Danny S.

I am so very pleased with the representation from BB&G!

Robert Briskman handled my injury case very well. Funny and understanding personality and he took the time to explain everything in detail of the entire case. It was wonderful working with him. I would recommend BB&G to anyone and for myself again in the future.

- Geneva Vanderbilt

From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

- Ron Gaber

I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team