Maison Law supports workers exposed to harmful substances in San Jose. Injuries due to harmful substances can be devastating to a person’s health and their livelihood. To make matters even more difficult, navigating workers’ compensation can be a complex process that many do not have the time or resources to manage themselves. But suppose your health has been compromised due to exposure to harmful substances at work. In that case, the Workers’ Compensation Attorneys at Maison Law can manage your claim and ensure your right to compensation by utilizing every available legal avenue. Contact Maison Law today for a free consultation and case evaluation.
How a San Jose Harmful Substances Workers’ Compensation Lawyer Can Help
The Workers’ Compensation Attorneys at Maison Law are legal professionals with specialized knowledge and experience in handling harmful substance claims. In many harmful substance claims, a third party such as your employer, a manufacturer, or a contractor may be responsible for exposing you to harmful substances. Our attorneys will hold them responsible and seek additional damages from them on top of your workers’ compensation claim. These damages include:
- Lost wages
- Loss of future income
- Medical bills
- Continued medical treatment
- Emotional distress
- Pain and suffering
- Loss of consortium
What Workers’ Compensation Benefits Am I Entitled To?
If you suffer health problems due to harmful substance exposure in San Jose, you are entitled to workers’ compensation benefits regardless if you were at fault for the incident. Your employer is required to provide you with workers’ compensation under California Labor Code Section 3700. Benefits provided by workers’ compensation include:
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s life, or for the duration of the injury.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
- Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
- Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of #320,000 with up to $10,000 for burial expenses.
Common Respiratory Conditions from Exposure to Harmful Substances in the Workplace in Fresno
Respiratory conditions can significantly impact a person’s quality of life in numerous ways. Respiratory illnesses are of great concern to individuals in the workplace because contaminants in the air can be so easily spread and result in many health complications if left untreated. Common respiratory conditions found in the workplace in Fresno include:
- Occupational Asthma: this is triggered by exposure to allergens or irritants in the workplace. Common causes include dust, fumes, and chemicals.
- Chronic Obstructive Pulmonary Disease (COPD): this includes conditions such as bronchitis and emphysema, often linked to long-term exposure to harmful substances such as dust, fumes, or vapor. COPD is commonly found in workers in construction, mining, or manufacturing.
- Pneumoconiosis: lung disease is caused by the inhalation of various types of dust, most notably silica and asbestos.
- Interstitial Lung Disease (ILD): ILD is a disorder that affects the tissue and space around the air sacs of the lungs. Asbestos, silica, or other harmful particles can contribute to the development of ILD.
OSHA Standards to Protect Workers from Harmful Substance Exposure?
The Occupational Health and Safety Administration (OSHA) has developed the Hazard Communication Standard (HCS) to make workers aware of hazardous substances in the workplace. These measures are also designed to provide workers with protective and safety measures when encountering harmful substances. In order to ensure worker’s safety around hazardous chemicals, OSHA requires the following:
- Chemical manufacturers and importers are required to evaluate the hazards of the chemicals they produce or import and prepare labels and safety data sheets to convey the hazard information to their downstream customers.
- Employers with hazardous chemicals in their work environment must have accurate and up-to-date labels and safety data sheets for their employees. Their employees must be trained on how to handle hazardous chemicals appropriately and protect themselves when bringing hazardous substances into the workspace.
California Harmful Substance Law
Chemical manufacturers in California can be held liable for damages if they fail to be reasonably careful when manufacturing, testing, promoting, or selling a chemical in order to prevent harm to others. According to CACI No. 1221, all makers and sellers of chemicals can be held liable for harm caused by their chemicals.
Companies who fail to warn about the dangers of their products can also be held liable. For example, if a company’s pesticides contain cancer-causing chemicals and they fail to warn those who may be exposed to it, or accidentally consume it, they can be held accountable for whatever health problems others may encounter due to their product.
How Does the “Discovery Rule” Apply to Harmful Substances Workers’ Compensation Claims in California?
The discovery rule delays the statute of limitations if you could not have reasonably known about your injuries right away. This rule is unfortunately common in harmful substance cases because symptoms of contact with these substances can sometimes appear years or decades after the initial exposure.
For example, in a situation where your health issues do not reveal themselves until several years after you’ve been exposed to a harmful chemical, the discovery rule applies. Normally, the California statute of limitations for personal injuries is two years. By applying the discovery rule, the two-year clock does not start running until the day you discover your symptoms. Then, you would be able to file a workers’ compensation claim, as well as a lawsuit against the liable party. If you’re unsure of whether or not your harmful substance exposure fits within the statute of limitations, then please do not hesitate to contact a San Jose Workers’ Compensation Lawyer to see what legal options are available.
Contact a San Jose Exposure to Harmful Substances Workers’ Compensation Lawyer
If you or a loved one has suffered health issues or injuries after being exposed to harmful substances in San Jose, the Workers’ Compensation Attorneys can manage your claim, as well as pursue additional compensation from all liable parties. Workers’ compensation claims can be complicated matters, but our attorneys have years of experience in protecting injured worker’s rights and representing them in all legal matters. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services and we don’t get paid unless we win your case.
