Understand the signs of berylliosis and the steps you need to take to get maximum workers’ comp benefits in Montana
Montana workers exposed to beryllium may develop berylliosis, a serious lung disease that can significantly affect their health and ability to work. For these workers, recognizing the symptoms and understanding how to file for workers’ compensation is crucial.
This article will guide you through the key symptoms of berylliosis and explain the steps needed to secure workers’ compensation benefits. For those navigating this process, consulting with an experienced Montana workers’ compensation attorney can be essential to ensuring you receive the compensation you deserve.
What is berylliosis?
Berylliosis, also known as chronic beryllium disease (CBD), is a lung condition caused by exposure to beryllium, a chemical element used in various industrial applications. However, not everyone who is exposed to beryllium will develop the disease.
The disease occurs as a result of immune system response in people who are allergic to beryllium when particles are inhaled and lodged in their lungs, leading to inflammation, the formation of granulomas (small nodules of inflammatory cells), and scarring (fibrosis).
According to the Cleveland Clinic, research suggests that between 2% and 6% of individuals who become sensitized to beryllium eventually develop this lung disease.
What are the symptoms of berylliosis?
Berylliosis symptoms primarily involve the lungs but can vary widely. Some individuals have no symptoms at diagnosis; however, they typically become more noticeable as the disease progresses.
Common symptoms include:
- Difficulty breathing and persistent cough. These are often the first and most common symptoms. Shortness of breath may start as mild but can worsen over time, while a persistent cough, sometimes producing mucus, is typical as the disease progresses.
- Fatigue. Feeling unusually tired or weak, even with adequate rest, is a frequent symptom.
- Chest and joint pain. Some individuals experience pain or discomfort in their chest, which may be related to lung inflammation. Pain in the joints can add to the overall discomfort.
- Loss of appetite. As the disease progresses, some people may lose their appetite, leading to weight loss.
- Night sweats. Some people may experience sweating at night, which can be bothersome and disrupt sleep.
Recognizing the early signs of berylliosis is crucial for effective management and slowing its progression.
How do you diagnose berylliosis?
Doctors may begin by reviewing a patient’s work history to see if they have been exposed to beryllium. A key test used is the beryllium lymphocyte proliferation test (BeLPT), which is a blood test that checks if the immune system is reacting to beryllium.
Imaging tests like chest X-rays or CT scans may also be done to look for lung scarring or inflammation. Lung function tests are also used to assess how well the lungs are working.
In some cases, a lung biopsy might be performed to confirm the diagnosis by examining a small tissue sample from the lungs. These steps help doctors determine if a patient has berylliosis and guide treatment.
Is there a cure for berylliosis?
There is no cure, but it can be managed with treatments that reduce symptoms and slow its progression. Common treatments include corticosteroids like prednisone to reduce lung inflammation. Sometimes, immunosuppressive drugs are used. For advanced cases, oxygen therapy may be necessary to assist with breathing.
Early diagnosis and ongoing care are key to minimizing symptoms and preventing further lung damage. It’s also crucial to avoid further exposure to beryllium to prevent the disease from worsening.
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What occupations are associated with berylliosis?
Beryllium is a metal that is used in various industries. Below are some workers who are commonly linked to the risk of developing berylliosis:
- Construction workers
- Telecommunications workers
- Aerospace workers
- Electronics manufacturing workers
- Metalworking and machining workers
- Nuclear power and weapons industry workers
- Ceramics and glass manufacturing workers
- Dental supply manufacturing workers
- Mining and extraction workers
These occupations involve activities where beryllium dust, fumes, or particles can be inhaled, leading to potential exposure and an increased risk of developing berylliosis. Proper safety measures, such as protective equipment and ventilation, are crucial in these industries to minimize the risk.
Is it hard to prove that berylliosis is work-related?
Proving that berylliosis is work-related can be difficult, depending on the circumstances. For factory workers and others who have spent significant time in industries known for beryllium use, such as aerospace, metalworking, or electronics, it’s generally easier to establish a link between the disease and their job. Long-term exposure in these settings, where beryllium use is well documented, typically makes it more straightforward to connect the illness to occupational exposure.
However, the situation can be more complicated in cases where a worker has had multiple jobs or exposures, particularly if they’ve worked in environments where beryllium use was less documented or less consistent.
Additionally, the long latency period of berylliosis, where symptoms may not appear until years after exposure, can make it harder to pinpoint the exact source of the exposure. In such cases, proving a direct link between the disease and a specific workplace may require more extensive medical evidence and documentation of the worker’s employment history.
What workers’ comp benefits can I get in Montana for berylliosis?
If you are diagnosed with berylliosis in Montana and it’s determined to be work-related, you may be eligible for several types of workers’ compensation benefits. Those benefits include:
- Medical benefits. Workers’ compensation covers all necessary medical treatments related to your berylliosis, including doctor visits, hospital stays, medications, and other treatments.
- Wage replacement benefits. You can receive these benefits if your illness prevents you from working. These benefits replace a portion of your lost income for the time you’re unable to work due to your condition.
- Disability benefits. If berylliosis causes a permanent impairment, you may be entitled to permanent disability benefits. These benefits compensate for any long-term or permanent reduction in your ability to work.
- Vocational rehabilitation. These benefits help cover the costs of retraining, education, or job placement services so you can find a new position that matches your abilities if you’re unable to return to your previous job.
- Death benefits. If berylliosis leads to a fatal outcome, workers’ compensation may provide death benefits to your dependents, covering funeral expenses and financial support for lost income.
For workers whose berylliosis leads to severe long-term health issues, it’s crucial to discuss your case with an experienced workers’ compensation attorney before accepting a settlement to ensure you’re getting the full benefits you’re entitled to.
How do I file workers’ comp for berylliosis in Montana?
Most businesses in Montana that employ 1 or more full- or part-time employees must carry workers’ compensation insurance. This insurance provides coverage for workplace injuries and occupational diseases like berylliosis, ensuring that employees receive the necessary medical care and wage replacement if they are injured or become ill due to their job.
To file a workers’ compensation claim for berylliosis in Montana, you’ll need to follow these steps:
- Seek medical attention. Get a diagnosis and treatment from an employer-approved doctor. This step is crucial for documenting your condition and linking it to your work-related exposure.
- Notify your employer. Inform your employer about your diagnosis within 30 days of discovering your illness. It’s advisable to provide written notice to ensure there’s a record.
- Complete the First Report of Injury form. Fill out the First Report of Injury form. After you complete your portion, your employer must fill out their section and submit the form to their workers’ compensation insurer within 6 days. The insurer will then forward the form to the Montana Department of Labor and Industry (DLI).
- Insurer review. The insurance company has 30 days to accept or deny your claim. They may request additional information or investigate during this time.
- Appeal if necessary. If your claim is denied, you can appeal the decision within 2 years. It’s highly recommended that you consult a workers’ compensation attorney to increase your chance of a successful appeal.
Following these steps will help ensure that your workers’ compensation claim is filed correctly and that you receive the benefits you’re entitled to under Montana law.
Contact an experienced Great Falls, Montana work injury attorney today
Berylliosis is a serious occupational disease that requires careful management and prompt action to obtain the benefits workers need and deserve. Given the complexities involved in these claims, reaching out to a workers’ compensation attorney can be invaluable.
At Murphy Law Firm, our dedicated Great Falls attorneys have over 75 years of combined experience, so you can rest assured we can help you navigate the claims process and secure the compensation you deserve.
Contact us today for a free consultation and learn more about what we can do to help you recover maximum compensation for your claim.
References
Cleveland Clinic. (2024, March 12). Berylliosis; Symptoms, Treatments. Cleveland Clinic. https://my.clevelandclinic.org/health/diseases/13807-beryllium-disease
