Colorado Workers’ Compensation for
Popcorn Lung
Learn about your right to compensation if you develop popcorn lung while working at a Denver factory
Every day, Colorado workers clock in at factories that produce microwave popcorn and other food products. While these jobs may not seem particularly dangerous, workers at these facilities may be at risk for a disease known as “popcorn lung.”
Caused by exposure to harmful chemicals often used in artificial butter flavorings and products like coffee and candy, popcorn lung is a serious and potentially life-threatening respiratory disease.
This article will discuss the dangers of popcorn lung, how it can be prevented, and what Colorado workers can do to navigate the complexities of workers’ comp should they fall victim to this debilitating disease.
What is popcorn lung?
Medically known as bronchiolitis obliterans, popcorn lung is a condition characterized by the scarring and inflammation of the bronchioles, which are tiny airways in the lungs. It can lead to coughing, wheezing, and shortness of breath, and in severe cases, it can even be fatal.
The name “popcorn lung” originated when the disease was first identified in 2002 among employees at a microwave popcorn factory in Missouri. These workers had been exposed to high levels of diacetyl, a chemical responsible for the popcorn’s buttery taste.
Diacetyl is a volatile organic compound that becomes a vapor at room temperature. When inhaled over extended periods, this chemical can cause damage to the sensitive tissues of the bronchioles. The body’s natural response is to heal, but the scarring that results can obstruct the airways, making it difficult for the affected individual to breathe.
Despite its name, popcorn lung isn’t a disease that only affects workers in popcorn facilities. Diacetyl and similar hazardous substances are found in a wide range of industries beyond popcorn manufacturing, putting countless workers across Colorado and the U.S. at risk.
What types of food products contain diacetyl?
Diacetyl is used as a flavoring agent in a variety of food products to impart a buttery taste. Some of the foods where you might find diacetyl include the following:
- Microwave popcorn
- Margarine
- Snack foods like potato chips and corn chips
- Baked goods, including cookies, cakes and pastries
- Dairy products, like some yogurts and cheeses
- Processed foods like frozen meals
- Candies and chewing gums
- Flavored syrups used in coffees and other beverages
It’s important to note that, due to health concerns, some manufacturers have replaced diacetyl with other substances, although these substitutes can sometimes pose similar risks.
What other chemicals in the workplace can cause popcorn lung?
In addition to diacetyl, there are a variety of other chemicals commonly found in the workplace that can also contribute to this severe and often irreversible lung condition, including:
- Acetaldehyde is used in the production of things like herbicides, pesticides, rubber, plastic and fragrances.
- Formaldehyde is used in the production of resins, textiles, particleboard and various chemical products.
- Ammonia is commonly used in cleaning products and industrial refrigerants.
- Hydrochloric acid is commonly used in textile, rubber and metal industries.
- Nitrogen oxides are found in emissions from vehicles and industrial processes.
- Chlorine gas is used in water treatment plants and in the production of bleach and other disinfectants.
- Nitrous oxide, which is commonly referred to as “laughing gas,” is used in medical settings for anesthesia and also in the automotive industry.
- Metal oxide fumes found in welding or metalworking environments
- Sulfur dioxide is commonly emitted from burning fossil fuels and in metal extraction processes.
Awareness of these chemicals and proper safety measures are essential to reducing the risk of developing popcorn lung.
Which workers are most at risk of developing popcorn lung?
Workers in several industries are at elevated risk of developing popcorn lung due to their potential exposure to diacetyl and other harmful chemicals mentioned above. Here are some of the occupations where the risk is particularly high:
- Workers in microwave popcorn manufacturing. Workers in these facilities are at direct risk because diacetyl is commonly used for popcorn flavoring.
- Workers in textile manufacturing. Some textiles use chemicals that can evaporate into the air, exposing workers to harmful fumes that lead to popcorn lung.
- Workers in e-cigarette manufacturing. Some e-liquids contain diacetyl or similar chemicals, putting manufacturing and quality control workers at risk.
- Metalworkers. Exposure to harmful fumes during welding or other metalwork can increase the risk of popcorn lung.
- Chemical plant workers. Workers dealing with industrial chemicals like acetaldehyde, formaldehyde, chlorine and more may also be at risk.
- First responders and firefighters. Emergency personnel can be exposed to a myriad of hazardous chemicals during the course of their duties, including those that can cause popcorn lung.
- Workers at facilities manufacturing products with food flavoring. Diacetyl is used in various food products besides popcorn, including coffee, snack foods and dairy products, just to name a few. Workers in facilities that process these foods are at an increased risk of developing popcorn lung.
It’s crucial for workers in these fields to be aware of the risks and to follow safety guidelines, such as using protective equipment and ensuring proper ventilation, to minimize exposure to harmful chemicals.
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How do I know if I have popcorn lung?
The onset of popcorn lung can be subtle and may initially be mistaken for other respiratory conditions like asthma or chronic bronchitis. If you work in an environment where you’re exposed to diacetyl or other harmful chemicals and begin experiencing the following symptoms, it’s crucial to consult a health care professional for an accurate diagnosis and appropriate treatment. Be sure to alert your physician that you work around certain types of chemicals.
Symptoms of popcorn lung include:
- Difficulty breathing, especially during physical activities
- Wheezing
- A persistent dry cough that doesn’t produce mucus, especially during exercise
- Unusual tiredness even with minimal physical activity
- Skin rash
Other symptoms may include fever, night sweats and weight loss, especially if the condition is severe. Diagnostic tests, such as lung function tests, X-rays, and CT scans, are generally required to confirm the presence of popcorn lung.
Can popcorn lung be fixed?
Unfortunately, popcorn lung is generally considered irreversible, and there is currently no cure for the condition. Treatment primarily focuses on managing symptoms and limiting further damage to the lungs.
Treatment can include bronchodilators to open up airways, corticosteroids to reduce inflammation, and, in severe cases, supplemental oxygen. Lifestyle changes like quitting smoking and avoiding exposure to harmful substances that may have contributed to the condition are also recommended.
In extreme cases where lung function is severely compromised, a lung transplant may be considered as a last resort. However, early detection and removal from exposure to the offending chemicals can slow the progression of the disease and improve quality of life. Therefore, if you suspect you have symptoms related to popcorn lung, early medical intervention is crucial.
What’s being done to protect workers from popcorn lung?
While the Occupational Safety and Health Administration (OSHA) currently has no specific standards for occupational exposure to flavorings like diacetyl, it does offer general workplace recommendations for these types of substances, including exposure limits. It also advises employers to do the following:
- Assess workers’ exposures.
- Implement engineering controls.
- Provide necessary protective gear, like respirators.
- Offer medical monitoring, such as lung function tests.
- Train employees on safety practices.
Additionally, OSHA offers on-site consultation services to help employers develop comprehensive health and safety programs.
Does Colorado workers’ comp cover popcorn lung?
Yes, Colorado workers’ compensation insurance covers both injuries from one-time accidents as well as occupational diseases like popcorn lung that develop over time from workplace exposures.
In Colorado, most employers with at least 1 employee are required to provide workers’ comp benefits to their workers if they experience a work-related injury or disease, so most factory workers who develop popcorn lung are entitled to these benefits.
To be eligible, an affected worker only needs to prove that their popcorn lung occurred as a direct result of their work environment. Workers’ compensation does not require the injured worker to prove that the employer was negligent. They would only need to show that there was exposure to the specific chemicals that cause the condition. They might also have to show that they were not exposed to those chemicals in other ways outside of work.
What types of benefits am I entitled to if I develop popcorn lung?
If you develop popcorn lung and are eligible for workers’ compensation, you may be entitled to a range of benefits, including:
- Medical benefits. All necessary medical treatment related to popcorn lung should be covered. This includes doctor visits, diagnostic tests, hospital stays, surgeries, medications, and transportation costs to and from medical appointments.
- Wage loss benefits. If popcorn lung prevents you from working, you may be entitled to a portion of your average weekly wage. If you can’t return to your previous job or suffer a permanent disability, long-term wage loss benefits or lump-sum payments may be available.
- Death benefits. In extreme and unfortunate cases where popcorn lung leads to death, your dependents may be eligible for death benefits. These can include compensation for funeral expenses and financial support to make up for lost income.
What steps should I take to file for workers’ comp in Colorado?
If you’re suffering from popcorn lung or another work-related condition in Colorado, taking the right steps is essential for a successful workers’ compensation claim. Here’s a step-by-step guide to help you navigate the process:
- Seek medical attention. Visit a medical provider as soon as possible for diagnosis and treatment. Note that you’ll be required to see a doctor who is approved by your employer or their insurance provider.
- Report the injury. Colorado law generally requires you to report an injury to your employer within 10 days. However, in cases like popcorn lung that develop slowly over time, you’re required to notify your employer within 10 days of discovering your disease.
- Employer notifies their insurer. After you report your injury to your employer, they have 10 days to notify their insurance company. The insurance company then has 20 days to issue or deny your benefits.
- Consult an attorney. If your claim faces complications, such as a denial or dispute, seek help from an experienced workers’ compensation attorney who can help you file an appeal.
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Can you sue for popcorn lung?
In the U.S., the ability for workers to sue their employers for work-related illnesses like popcorn lung is generally limited due to the workers’ compensation system. This is because if you accept workers’ compensation benefits, you forfeit your right to sue your employer for additional compensation related to your work-related illness.
However, there are exceptions where lawsuit a civil lawsuit may be possible:
- If the employer intentionally caused harm to the employee.
- If the employer doesn’t carry workers’ compensation insurance as required by law.
- If a third party (e.g., a contractor or equipment manufacturer) is responsible for the exposure that led to the disease, they might be subject to a separate legal claim.
Employees who believe they’ve developed popcorn lung due to workplace exposure to harmful substances should consult with an experienced work injury attorney who can help them understand their rights and explore all of their legal options for compensation.
Are you suffering from popcorn lung caused by your job?
Get help from an experienced Denver workers’ compensation attorney.
If you or a loved one developed popcorn lung while working in Colorado, it’s critical that you get legal advice before accepting a settlement offer from your employer or their workers’ comp insurer. These initial settlement offers are often far less than you’re entitled to and may not adequately cover your future medical care and financial needs.
Don’t be pressured into accepting anything less than you deserve. The experienced work injury attorneys at The Babcock Law Firm can evaluate your claim and negotiate with your employer’s insurance company on your behalf to help you recover maximum compensation.
Learn more about how we can help you by scheduling a free consultation with one of our knowledgeable attorneys today.
References
Flavorings-Related Lung Disease – Overview | Occupational Safety and Health Administration. (n.d.). www.osha.gov. https://www.osha.gov/flavorings-related-lung-disease
