Q: Hello. My brother has worked for 18 yrs as a welder for a local company.
About a month ago he was admitted to the hospital and placed on a ventilator for 4 days. He's seeing a pulmonary Dr now who has diagnosed him with COPD. The Dr stated that his lung capacity is very bad. My brother has never smoked, is on oxygen and inhalers now. The type of material he welds requires a lot of ventilation, which this company does not have! They had a visit from OSHA right before his illness and we're wrote up on this issue. My question is, does he have a case? He obviously will not be able to return to work. Thank you
A: from your description I would say it certainly seems so. He must give notice of his injury (occupational disease) w/i 30 days of the time he knew or should have known. Such injuries are almost always disputed for untimely notice but the date of injury has most often been determined to be the date the condition becomes so bad medical help is sought. In addition to notice your brother will need to prove by medical expert "causation". You're a good brother, best of luck to you both.
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