Pneumoconiosis and occupational lung disease claims
Lung disease after working around dust? You can file a workers' comp claim.
We prepare your claim using your work history in mining, construction, welding, demolition, and similar jobs, along with your lung test results. We confirm which criteria and benefit programs apply depending on whether it's pneumoconiosis or another lung disease, and claim the benefits.
How is pneumoconiosis different from occupational lung disease?
Pneumoconiosis is a disease in which inhaled dust causes changes in the lungs. Asbestosis is scarring (fibrosis) of the lungs from asbestos exposure. Chronic obstructive pulmonary disease (COPD) is a condition in which airflow in and out of the lungs stays limited. Interstitial lung disease is a group of conditions involving inflammation, fibrosis, and other changes in the lung interstitium. Idiopathic pulmonary fibrosis (IPF) means pulmonary fibrosis with no known cause. Even with the same shortness of breath, the workers' comp criteria and the benefits available depend on the diagnosis and test results.
What we check for each condition
The tests and work records you need depend on your lung diagnosis.
Pneumoconiosis and asbestosis
Dust and asbestos exposure history, chest imaging, and pulmonary function tests Pneumoconiosis radiographic category, cardiopulmonary function, complications
Chronic obstructive pulmonary disease (COPD)
Exposure to dust, gases, and fumes, and smoking history Degree of airflow limitation on pulmonary function tests, and whether the diagnostic criteria are met
Interstitial lung disease and pulmonary fibrosis
Specific diagnosis, chest CT, substances you were exposed to The term "pulmonary fibrosis" alone doesn't make it the same disease as pneumoconiosis.
Occupational asthma and hypersensitivity pneumonitis
Exposure to paints, chemicals, wood, microorganisms, and more Tell your doctor whether symptoms get worse at work and better on days off
Chemical pneumonitis and acute lung injury
How the exposure happened, such as a gas leak or confined space The substance and concentration, when symptoms began, and emergency care records
Work with dust and hazardous substance exposure
Tell us about the work that exposed you to dust or hazardous substances, and how long you did it.
Tell us which companies you worked for, what work you did, and how long you were exposed to dust or hazardous substances.
Mining, quarrying, stone, tunnels, construction
Dust from cutting, drilling, and crushing rock and concrete
Foundries, steel, welding
Metal and foundry dust, welding fumes, and ventilation in enclosed work spaces
Demolition, equipment maintenance, ship repair
Handling materials containing asbestos, removing insulation, and exposure from nearby work
Painting, chemicals, farming, wood, food
Product ingredients, gases, vapors, organic dust, and microorganisms
We'll also look at Actual exposure period · Daily work hours · Work methods · Ventilation and wet methods · Use of protective equipment
Comparing types of benefits
Pneumoconiosis compensation pension or standard workers' comp benefits: what can you receive?
Pneumoconiosis compensation pension
Paid based on the pneumoconiosis determination and the requirements set by law. It's separate from medical care benefits, which cover treatment costs, and you may qualify for the pension even if you aren't hospitalized.
Benefits for other occupational lung diseases
We claim medical care benefits, temporary disability (lost-wage) benefits, permanent disability benefits, and others based on each benefit's requirements. A COPD or pulmonary fibrosis diagnosis alone doesn't qualify you for the pneumoconiosis compensation pension.
Survivors' benefits after a death
If the death was from pneumoconiosis, we check whether the family can claim the pneumoconiosis survivors' pension. If it was from another occupational lung disease, we check whether they can claim the applicable survivors' benefits.
Pneumoconiosis consolation benefit
We check the covered workplaces and payment requirements under a separate law. It isn't paid automatically to every worker with pneumoconiosis.
Sobaek's practice areas
We check your work history and test results and represent you in your claim and benefit requests.
- STEP 01
Review work history and test results
We look at your medical certificate, chest X-ray and CT images with their radiology reports, and pulmonary function test results. Using employment records, work environment monitoring, and special health exam records, we lay out which dust or hazardous substances you were exposed to and for how long.
- STEP 02
File the claim and request benefits
We confirm whether it's pneumoconiosis or another lung disease, and represent you in the claim and benefit requests for that condition. We explain your work during the KCOMWEL investigation and submit any additional records requested.
- STEP 03
Respond to worsening, denials, and benefit decisions
We compare past and current imaging and lung function to check whether your condition has gotten worse. If you qualify for a pneumoconiosis re-examination or reopened medical care for another lung disease, we help you apply. If you disagree with a benefit decision, we file a request for review or reconsideration.
Frequently asked questions
Find answers to your questions before a consultation.
I smoked for a long time. Can I still file a lung disease claim?
Yes. The effect of smoking on your lung disease is weighed together with the effect of dust, gases, and other exposures at work. A smoking history alone doesn't rule out the effect of workplace exposure.
Idiopathic pulmonary fibrosis means the cause is unknown. Can I still file a claim?
The diagnosis alone doesn't mean there's no work-relatedness. We need to confirm your work history and exposure to hazards, and get a medical evaluation of how that exposure relates to your lung disease.
Can I file if I've retired or the company has shut down?
Yes, you can. We confirm your work history through employment and income records, pay records, and coworker statements, and check whether process and equipment records from that time can prove your exposure.
I've been diagnosed with pneumoconiosis, but I'm an outpatient, not hospitalized. Can I get benefits?
Whether you're hospitalized doesn't by itself decide whether you get the pneumoconiosis compensation pension. We check the pneumoconiosis determination and the pension requirements, and if you need treatment, we separately assess the requirements for medical care.
I receive the pneumoconiosis compensation pension and was also diagnosed with COPD. Can I get more?
We need to check the work-relatedness of the COPD and the separate benefit requirements. Benefits for the same loss of lung function may be adjusted, so having two diagnoses doesn't mean the amounts simply add up.
I'm more short of breath than before and my lung function has declined. Can I file again?
We compare your current condition with past determinations to see whether you can apply for a pneumoconiosis re-examination. If it's a different lung disease that was already approved, we need to check whether you meet the requirements for reopened medical care.
Do I need a new CT or pulmonary function test before the consultation?
Start by gathering the medical certificate, test results, and any past KCOMWEL decisions you already have. Whether you need new tests depends on your existing results and medical situation, and medical tests and treatment should be discussed with your doctor.
Is lung cancer also covered by the pneumoconiosis compensation system on this page?
We need to sort out the cause of the lung cancer, whether it counts as a complication of pneumoconiosis, and any prior pneumoconiosis determination. For occupational lung cancer unrelated to pneumoconiosis, we prove the work-relatedness of the cancer and claim the applicable workers' comp benefits.
What does "pneumoconiosis radiographic category" on my test results mean?
The pneumoconiosis radiographic category describes the form and extent of pneumoconiosis shown on chest imaging. A pneumoconiosis determination looks at cardiopulmonary function and complications as well, not just the radiographic category.
Request a consultation on a workers' comp or labor case
Pneumoconiosis and occupational lung disease: get a consultation.
Tell us your lung diagnosis and the work you did in the past. We'll base the consultation on the test results and work history you have.
You can also email us directly
For corporate advisory work, new cases, or meeting requests,
email us at the address below.