Maison Law supports workers exposed to harmful substances in Fresno. Injuries due to harmful substances can be substantial and navigating the workers’ compensation process can be complex. If your health has been compromised due to exposure to harmful substances at work, the Workers’ Compensation Attorneys at Maison Law can help. Injured workers have the legal right to compensation and are entitled to additional compensation if their injuries are due to a careless act. Contact Maison Law today for a free consultation and case evaluation.
Harmful Substances Workers’ Compensation Benefits
If you’re experiencing health problems after exposure to harmful substances on the job, you have the right to numerous benefits. Every circumstance is different, but these benefits can include:
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, 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.
- Supplemental job displacement: if you are unable to return to your employment after your treating physician has released you, 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.
- 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.
- 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.
How Does OSHA 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 how to handle hazardous chemicals appropriately and protect themselves when brining hazardous substance into the workspace.
Can You File a Third-Party Lawsuit During a Harmful Substances Workers’ Compensation Claim?
Yes, if your exposure to harmful substances was due the carelessness or recklessness of another then you can file a personal injury lawsuit against them in addition to your workers’ compensation claim. Your harmful substance personal injury could be due to faulty safety equipment, defective machinery, or mislabeled chemicals. The potential liable parties typically include:
- Property owners
- Site managers
- Co-workers
- Manufacturers, distributors, or retailers
- Government entity
A successful third-party claim will cover damages not covered by workers’ compensation. Depending on the details of your harmful substance injury, these damages include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs to damaged property (if applicable)
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Feelings of Isolation
- Loss of consortium
California Harmful Substance Law
Chemical manufacturers in California can be held liable for damages if they fail to be reasonably careful when manufacturing, testing, labeling, 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.
Employers who fail to warn employees or their customers 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 with a proper label they can be held accountable for whatever health problems others may encounter due to their product.
So, if a pest control specialist experiences respiratory issues due to their exposure to this pesticide while on the job, they’re entitled to workers’ compensation benefits, as well as filing a personal injury lawsuit. A lawsuit could be filed against the employer, the manufacturer, the distributor, or even the seller of the pesticide.
This will all depend on who was responsible for knowing about the harmful substance and warning others. A Fresno Workers’ Compensation Lawyer can file a lawsuit in court against all liable parties and hold them responsible for damages.
How Does the “Discovery Rule” Apply to a Harmful Substances Workers’ Compensation Claim?
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, especially when manufacturers fail to warn consumers.
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.
Workers’ Compensation is different in that you have 30 days from the day you discovered your injury to apply for workers’ compensation. If it is beyond the 30 days, then your claim is likely to be denied. However, a Workers’ Compensation Attorney can help you get the benefits you’re entitled to by negotiating with workers’ compensation and managing your claim.
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.
Contact a Fresno 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, 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.
