California’s wildfire seasons have grown longer and more severe in recent years, putting workers at direct risk from exposure to smoke and hazardous airborne particles. Wildfire smoke is a real occupational threat that too many people overlook, causing serious and sometimes lasting harm to anyone breathing it in while doing their job duties.
Workers’ compensation in California may cover medical costs, wages, and related expenses due to work-related smoke exposure. Understanding your legal rights and what steps to take if you’ve been injured as a result is essential. Reach out to our workplace accident lawyer in Los Angeles for assistance.
Which Workers Are Most at Risk?
Certain groups face especially high risks from on-the-job smoke exposure:
- Outdoor workers in construction, landscaping, farming, road crews, or in delivery and utility repair often breathe heavily polluted air throughout their shifts.
- First responders including firefighters and disaster clean-up workers are exposed directly on the front lines.
- Indoor workers in older buildings or those with inadequate air filtration can inhale dangerous air if employers do not keep outside smoke from circulating through vents and workspaces.
- Temporary, part-time, or seasonal employees can be at risk when they work consecutive days outdoors or extended work hours during dangerous times.
- Employees working in regularly affected regions, including San Bernardino Mountains, Napa Valley, and Malibu, see increased dangers due to the frequency and severity of local wildfires.
If you’re injured on the job as a result of wildfire injuries or smoke inhalation, you should consider filing a workers’ compensation claim as soon as possible.
When Wildfire Smoke Exposure May Be a Workers’ Comp Claim
Not all smoke exposure claims are handled the same. You might have a claim based on a few different workplace scenarios, including:
Acute Exposure
Immediate and severe symptoms, such as coughing, breathing trouble, or wheezing, that start after a single work shift in dense smoke, can lead to a claim.
Chronic or Repeated Exposure
Ongoing work in smoky air, season after season, can produce or worsen lung conditions like asthma or chronic bronchitis. The law counts these as “occupational injuries” if work is their main source.
Aggravation of Pre-Existing Conditions
California protects workers whose old injuries or diseases (like asthma, heart issues, or COPD) get considerably worse because of exposure to wildfire smoke while working.
Employer Non-Compliance
Employers are responsible for monitoring air quality, giving updates about conditions, supplying respirators and other protective equipment, and improving building filtration. If no safety steps are taken, or rules for fire season protection are ignored, claims become much more likely.
If smoke- or fire-related symptoms force you to get medical care, miss work, or lower your hours, act quickly and get the help you need.
Step-by-Step: Filing a Workers’ Compensation Claim for Smoke Exposure
If you suspect your working conditions or a specific wildfire event is damaging your health, consider taking the following steps:
Report Symptoms To Your Employer Right Away
Immediately tell your supervisor or employer about your illness and mention your suspicion it relates to workplace smoke exposure. Make sure you do this within 30 days of your symptoms or injury and put it in writing.
Get Medical Attention and Inform the Provider
Get medical attention as soon as you start to notice symptoms. Make sure you tell every treating doctor, urgent care, or ER you visit that your health problem happened because of your work conditions.
Request and Submit the DWC-1 Form
Ask your employer for a DWC-1 workers’ compensation form. Accurately fill it out, giving both date of exposure and diagnosis, and submit it promptly. Make a copy for yourself before you submit.
Keep Logs of Your Exposure and Symptoms
Keep a journal that logs every day you worked during wildfire periods, where your assignments were, the tasks performed, air quality ratings (AQI), the time you spent in heavy smoke conditions, and details about protective equipment provided. Make sure you also keep note of your symptoms and how they progress over time and how they affect your day-to-day life.
Work With a Workers’ Compensation Lawyer
Smoke exposure and workplace illness claims aren’t always straightforward. Consider working with a knowledgeable workers’ compensation attorney, especially if your claim is denied, delayed, or your illness is severe. An attorney can help you understand your rights and build a strong case.
Workers’ Compensation Benefits Available for Wildfire Smoke Exposure
If you’re struggling with health problems from wildfire smoke on the job, California’s workers’ compensation system can offer significant support. Here’s what you may be able to receive:
Medical Treatment and Specialist Care
Workers’ comp will cover doctor visits, medication, and hospitalization, as well as any necessary specialist care, from urgent treatment by a pulmonologist to long-term lung function monitoring.
Temporary Disability Benefits for Lost Wages
If your smoke-related illness forces you to take time off work, you may qualify for weekly payments to partly replace your lost income while you recover. These typically pay a portion of your average paycheck, making it possible to get better without falling behind on your bills.
Permanent Disability Benefits
Some workers never regain full health after smoke exposure. If you’re left with chronic breathing issues or serious lung problems that limit what you can safely do for work, you could be entitled to permanent disability payments. The amount you receive is based on the level of permanent damage and your average wages in the past.
Job Retraining – Supplemental Job Displacement Benefit
If health problems mean you can’t go back to your previous work, the system helps with job retraining. The supplemental job displacement benefit can provide vouchers to enroll in skill courses, certifications, or even college classes aimed at helping you find new and safer work.
Death Benefits
If a smoke-related illness claims the life of a worker, the family or legal dependents can receive partial compensation for funeral costs and financial support as part of the benefit package.
These benefits exist to help you heal, support your family, and give you another chance at safe employment. If you or someone you love has been affected by wildfire smoke at work and you need guidance, we are here for you. Call us today to schedule a free case evaluation.