Diesel Exhaust Health Effects On Truckers

Call now for a free consultation
Available 24/7

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Get Help From our Michigan Workers’ Comp Lawyers Today
You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

What truck drivers need to know about diesel exhaust health effects and workers’ compensation benefits.

Diesel Exhaust Health Effects On Truckers

This blog post is dedicated to truck drivers who suffer from diesel exhaust health effects. It is a problem that does not get much attention. Understanding legal rights is the key to getting medical treatment and lost wages paid under workers’ compensation. Here are some problems that we see and how to make sure workers’ compensation benefits are protected.

Negative health effects from breathing diesel fumes and exhaust is still an evolving science. Truck drivers can experience both short-term and long-term effects. This includes irritated eyes, throat and lungs, lightheadedness or dizziness, shortness of breath, headaches, chest pain, nausea, kidney damage, and even cancer. It can also make underlying health problems such as emphysema, asthma, or allergies significantly worse.

Unfortunately, truck drivers who develop occupational diseases caused by exposure to diesel fumes and exhaust are not always covered under workers’ compensation. These disabled employees are being told they have chronic problems unrelated to their jobs. Disputes usually arise after an employee has been sent for a so-called “independent” medical examination. The burden of proof can be extremely difficult for truck drivers who have preexisting medical conditions. It must be shown that exposure to diesel fumes and exhaust caused either new pathology or aggravated a condition in a significant manner.

What types of workers’ compensation benefits are covered?

Michigan law requires payment of all reasonable medical treatment without any co-pays or deductibles to the employee. This includes doctor visits and hospitalizations. Breathing treatments and inhalers should also be paid. Medications should be covered 100% under workers’ compensation. The right to medical treatment continues indefinitely.

Truck drivers who are unable to work are also entitled to lost wages. The amount paid should equal 80% of their after-tax average weekly wage subject to a state-wide maximum. Discounted fringe benefits, such as health insurance, should be included in this calculation. Bonus money and even second jobs can be used to increase the amount paid.

How long do I have to file a claim for workers’ compensation benefits?

Employees must give notice of injury within ninety days and make a claim within two years. This can be done verbally so simply telling an employer about medical problems and asking for workers’ compensation benefits is enough. It is possible to make a claim years after diesel exhaust health effects show up. However, a disabled employee will be limited by the one and two year back rules.

What happens if the employer refuses to pay workers’ compensation benefits?

Truck drivers who are suffering from diesel exhaust health effects can file an Application for Mediation or Hearing (Form WC-104A). This starts a case where medical evidence can be presented showing diesel exhaust health effects are indeed related to employment. A magistrate will then issue an order approving or denying payment of workers’ compensation benefits. Make sure to have an experienced workers’ compensation lawyer on your side to ensure legal rights are protected.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

Recording Independent Medical Examinations: A Warning For Claimants

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

Related Blog Posts

Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.