In a recent interview about a Los Angeles Times article addressing silicosis and workers’ compensation, attorney Daili Levy highlighted a critical issue: the necessity for immigrant workers to advocate for their rights.

The article chronicles the experience of a 37-year-old construction worker from Nicaragua, who was involved in cutting stone countertops in a dusty environment. Despite the potential dangers, he was provided only basic face masks rather than proper protective respirators. This negligence resulted in his exposure to fine silica particles, leading to the development of incurable silicosis, and now he faces the prospect of a lung transplant. Doctors estimate that the cost for a double lung transplant exceeds one million dollars, with an average survival rate of just six years post-surgery. While the worker managed to obtain insurance through California’s Medi-Cal, his claim for workers’ compensation—which would cover his medical expenses, disability, and potential death benefits—was denied.

Research shows that workers’ compensation regulations differ widely across the United States. In California, while acute injury claims are typically processed more smoothly, the state often sees higher denial rates for illnesses stemming from long-term exposure to workplace hazards—like cancer and repetitive strain injuries. Nationally, about one in eight workers’ compensation claims is initially denied, with even higher rejection rates for claims related to exposure-related illnesses. A significant number of these initial denials can be attributed to inadequate medical records concerning the worker’s employment history.

Levy asserted that workers’ compensation is meant to protect employees injured on the job, ensuring they do not have to compromise their health for their livelihood. Workers deserve access to the medical care, leave, and disability benefits necessary for their recovery. In California, employers are required to provide workers’ compensation benefits, typically through insurance that covers such claims. Should employers fail in their responsibilities, the state provides a fund to manage these claims.

Levy pointed out that many Chinese workers may hesitate to file legitimate claims due to fears of retaliation from employers or concerns about their immigration status. However, she emphasized that U.S. labor law dictates that a person’s residency status does not influence their ability to file a workers’ compensation claim. Additionally, reporting an injury has minimal repercussions for employers since most have workers’ compensation insurance that handles medical expenses and claims rather than paying out of pocket.

Daili Levy’s law firm offers resources for Chinese-speaking clients, including fluent assistants and a comprehensive Chinese website that explains various workers’ compensation scenarios. For assistance in Chinese, you can reach Daili Levy Law Firm at 626-585-0208 or visit them at 828 W. Las Tunas Dr, San Gabriel, CA 91776. Their Chinese website is available at www.tellerialevy-chinese.com.