Maison Law protects victims of work-related injuries in California. If you or a loved one has been injured on the job due to harmful substances, the workers’ compensation attorneys at Maison Law can help you obtain maximum compensation for the damages done you’ve suffered from your work-related accident. Contact Maison Law today for a free consultation and case evaluation.
How Can a Lawyer Help with My Harmful Substances Worker’s Compensation Claim?
Workers’ compensation attorneys in California are legal professionals with specialized knowledge and experience in handling harmful substance claims. If you are suffering health issues due to a harmful substance you encountered while on the job, a workers’ compensation attorney can protect your rights and ensure you receive fair compensation for all the physical, mental, and financial difficulties you’ve been forced to endure. A workers’ compensation attorney will also provide the following:
- Investigate and determine wrongdoing or recklessness: Work-related accidents involving harmful substances can become complicated due to the amount of potential liable parties involved. Typically, there will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys. Common liable parties for harmful substances include:
- The property owner
- Your job site manager
- Your company
- Safety Inspection Company
- Collect and preserve key evidence: A lawyer can take the proper legal steps to obtain vital information and strengthen your claim against the liable party’s insurance. Evidence in a harmful substance claim may include:
- Tracing the source and creator of the toxin
- Collecting documents and reports to assign ownership of the harmful substance
- A statement that establishes the liable party knew about the existence of the harmful substance
- Communicate with insurance companies and other attorneys: When dealing with major corporations and defense attorneys, it is recommended to have a personal injury attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Prove liability: with several parties being involved in most harmful substance cases, determining and proving liability can be challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
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.
Reasons for Filing a Worker’s Compensation Claim
Worker’s compensation claims are complicated because they entail filing a lawsuit against your employer’s insurance. Contrary to what most people believe, filing a lawsuit against worker’s compensation does not affect your employer. Worker’s compensation is a separate entity and you can file a lawsuit against them if you feel you’ve been mistreated or discriminated against in any way. Reasons for filing a lawsuit against worker’s compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
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 substances cases because symptoms of contact with these substances can sometimes appear years of 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.
Contact a Harmful Substances Workers’ Compensation Lawyer in California
If you or a loved one has suffered health issues or injuries after being exposed to harmful substances on the job, our workers’ compensation attorneys can help you exercise your right to receive full compensation for your damages. Don’t hesitate to contact Maison Law today if you’ve been exposed to harmful substances. We never charge a fee for our services unless we’re able to recover damages for your claim.
