Many workplaces in Clovis and the rest of California require employees to come into contact with special chemicals and toxic substances. Sometimes they’re a by-product of a production or construction process; other times they’re used as ingredients or to make manufacturing or cleanup easier. Whatever the substance or however they’re used, it’s a common situation where the more useful a substance is, the more harmful it is to the human body.
With proper precautions, much of the health and safety risks that come with toxic substance exposure can be reduced to acceptable levels. But sometimes, these precautions aren’t enough, or they aren’t followed. When this happens, it can lead to workplace injuries. This often requires the injured employee to file a workers’ compensation claim.
If you’ve been hurt at work due to exposure to hazardous substances while working in Clovis, Maison Law can help you. We’ll ensure you receive the workers’ compensation benefits you deserve and, if necessary, assist you in taking additional legal action if the facts warrant such relief. Don’t wait to take action, as it may affect your legal rights.
The Danger of Harmful Substances in the Workplace
Certain substances found at job sites and work locations can cause harm to workers in several ways. Some of these include:
- Exposure sensitization
- Irritation
- Respiratory trouble
- Cancer
- Increased risk of other types of harm, such as explosions and fires.
Below is a list of some of the most dangerous and harmful substances commonly found in California workplaces:
Respiratory Conditions
Some of the most troublesome workplace injuries caused by harmful substances are respiratory problems. This is because harmful substances that result in respiratory issues are typically airborne, making their exposure difficult to control.
Respiratory problems can not only hinder an employee’s ability to work, but also impact their quality of life. The following is a list of common respiratory conditions often found in Clovis:
- Chronic Obstructive Pulmonary Disease (COPD): COPD can be caused by exposure to dust, fumes, or chemical vapors. It’s often suffered by workers in the mining, manufacturing, and construction industries and can include related conditions such as bronchitis and emphysema.
- Interstitial Lung Disease (ILD): Exposure to silica, asbestos, and other airborne particles can lead to ILD, which is a disorder that affects the air sacs in the lungs.
- Pneumoconiosis: This lung disease is the result of exposure to dust particles, especially asbestos and silica.
- Occupational asthma: Constant exposure to fumes, dust, and chemical aerosols can result in asthma being triggered in workers when they’re then exposed to less harmful allergens or irritants in the air.
How OSHA Protects Workers from Harmful Substances in Clovis
The risks of injury due to harmful substance exposure are well known. So it’s no surprise that the United States Occupational Health and Safety Administration (OSHA) has taken steps to try to keep workers safe. For example, OSHA has developed the Hazard Communication Standard, which focuses on rules and regulations that apply to toxic substances and dangerous chemicals. To limit the risk of harmful substance injuries, OSHA requires:
- Importers and manufacturers of chemicals to evaluate the hazards of their chemicals and use adequate labels and safety data sheets for customers.
- Employers that have hazardous chemicals at their job sites must have current date labels and safety sheets for their employees to effectively assess risks these substances pose.
- Employers that don’t properly take steps to keep their workers safe may be subject to potential legal liability.
Workers’ Compensation Benefits for Harmful Substance Exposure
If you suffer injuries due to unlawful exposure to harmful substances at work, you could be eligible for workers’ compensation benefits. The exact benefits vary based on your specific injury and how it affects you, but you could potentially qualify for:
- Medical care reimbursement: These payments can potentially last for years or even the rest of your life if the injuries are serious and long-lasting enough.
- Vocational training reimbursement: If you’re required to change jobs because of your injury, and your new job requires additional training, you can receive a voucher to help pay for additional training and education costs.
- Permanent disability payments: If your harmful substance injuries prevent you from completing the job duties you were capable of doing before your injury, then you may receive monetary payments.
- Temporary disability payments: If you’re eligible, you can receive up to two-thirds of your pre-tax wages while you recover and until you return to work.
- Travel cost reimbursement: Expenses incurred to get to and from your medical treatments and doctor’s office may be partially or fully reimbursed.
- Death benefits: If the employee dies because of the harmful substances, their eligible dependents could receive up to $10,000 for burial and funeral expenses, as well as $320,000 in monetary compensation.
Filing a Third-Party Lawsuit for Exposure to Harmful Substances
In most cases, your compensation for harmful substance injuries at work will come from the workers’ compensation insurance company used by your employer. But in limited cases, you might also be able to recover compensation through a personal injury lawsuit.
Potential Defendants in a Workplace Personal Injury Civil Suit
The liable parties will depend on what caused your injury and who had a legal duty to prevent your injury. That said, potential defendants can include:
- Site managers
- Co-workers
- Property owners
- Government entities
- Manufacturers
- Distributors
- Retailers
Potential Damages
A successful personal injury lawsuit could award damages not otherwise available in a workers’ compensation claim. These damages can include:
- Economic damages: These are financial losses you suffer, such as lost income, medical bills, and property repair or replacement costs (if applicable).
- Non-economic damages: These are difficult-to-quantify damages that are subjective in nature. Common types of non-economic damages include emotional distress, pain and suffering, and loss of consortium.
- Punitive damages: These are intended to punish the defendant, not compensate the plaintiff. Most cases don’t result in punitive damages, but a court might award them if the defendant’s conduct is particularly horrible or reprehensible.
The Discovery Rule
One of the challenges in recovering compensation for work-related harmful substance injuries is that they’re often cumulative. This means the harm is usually gradual and takes place over time. For example, a single exposure to a certain chemical may not do any noticeable harm. But exposure to that chemical every workday for decades could lead to cancer.
In a personal injury lawsuit, plaintiffs in California normally have two years from the date of injury to bring their lawsuit. But with injuries that come from cumulative exposure, when does that two-year “clock” begin?
A basic reading of the applicable statute of limitations implies that the plaintiff must bring their case within two years of initial exposure to the harmful substance. Yet the employee might not learn of their injury until years or decades after this first exposure.
This is why California has the discovery rule. This legal principle states that the two-year clock would start “ticking” when the employee first notices symptoms of the injury. However, there’s no such two-year deadline for a workers’ compensation claim. Instead, it’s usually just 30 days.
How a Workers’ Compensation Lawyer Can Help Your Case
Lawyers aren’t always needed for every workers’ compensation claim. Sometimes the claims process goes smoothly, and an employee receives full compensation quickly and easily. But this doesn’t always happen, and a claim can take much longer to process, get improperly denied, or result in inadequate benefit payments. A workers’ compensation attorney can help with your claim by:
- Investigating accidents and determining if intentionality, fraud, or recklessness is present so additional legal remedies are available.
- Identifying and collecting important evidence and information.
- Tracing the source of the harmful substance to determine additional liable parties.
- Analyzing sale and custody documentation to determine ownership and responsibility for harmful substances.
- Negotiating with opposing counsel to reach a claims settlement.
- Locating all potentially liable parties.
Talk to a Clovis Harmful Substance Workers’ Compensation Lawyer
If you’ve suffered health problems as a result of being exposed to harmful substances while working in Clovis, you may be eligible for workers’ compensation benefits. And depending on what happened and why you were exposed, you might have additional legal remedies available. To learn more about what your options are, contact Maison Law today. We offer free case reviews and consultations, and you don’t pay anything until we obtain a financial recovery for you.
