Attention: Port and Construction Workers Diagnosed with Asthma or Other Pulmonary Problems

July 2, 2013

Many of you maritime and overseas workers know first-hand the extent of truck and ship air pollution which has loomed over the Port areas for many years.  According to a Sierra Club study, residents of West Oakland live ten years less than their neighbors in the Oakland Hills.  The same study reports that one in five West Oakland children suffer from asthma.

The Port has stated that the pollution problem is getting better but it remains potentially disabling and deadly.  One look at the line of trucks entering the Port demonstrates the extent of the problem.  For many of you the damage has already been done.

If you have been diagnosed with Asthma or other pulmonary problems you may have a valid claim for compensation under the Longshore Act and the Defense Base Act.  The legal test for compensability is whether conditions of your employment caused, aggravated, accelerated or precipitation your disability.  In other words it has to be shown that asthma or other pulmonary problems were worsened by your waterfront or overseas employment.  If the asthma is preexisting the work at the Port or overseas only has to have made it slightly worse to be compensable.

If you have worked on the docks and have been diagnosed with any breathing difficulty such as asthma, emphysema, bronchitis and wish to pursue a claim, please contact the attorneys at Weltin, Streb & Weltin, LLP today.

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