Maison Law represents workers injured by being exposed to harmful substances at work in Salinas. If you or a loved one has been experiencing health problems or respiratory issues after being subjected to harmful substances like cleaning chemicals, toxins, or pollution while at your job site, our firm can help you take legal action to get your life back on track.
Being exposed to harmful substances at work is a serious violation of your safety and California law. Our firm will ensure you’re adequately compensated and medically treated if your health is compromised due to a harmful substance.
Don’t wait until it’s too late to take legal action. Contact Maison Law today for a no-cost, no-obligation consultation.
Workers’ Compensation Benefits for Harmful Substance Injuries in Salinas
If you’re experiencing health problems after exposure to harmful substances on the job in Salinas, you have the right to numerous benefits. Every circumstance is different, but these benefits may 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.
The best way to access these benefits and ensure you are fully compensated for them is to consult with one of our Workers’ Compensation Attorneys at Maison Law. Insurance companies may reduce your benefits or deny your claim. Our firm will protect your rights and advocate on your behalf if you run into any issues accessing your workers’ compensation benefits.
How Does OSHA Protect Workers in Salinas 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.
Any OSHA violation will give you a strong case in the event you decide to file a lawsuit against workers’ compensation or a third party that is responsible for exposing you to a harmful substance. In the next section, we’ll discuss how a third-party lawsuit works in a workers’ compensation claim.
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. Our attorneys can conduct an investigation on your behalf and ensure your right to fair compensation and medical treatment is protected. Contact us today for a free case review.
How the “Discovery Rule” Applies 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.
Harmful Substances Resulting in Respiratory Injuries in the Workplace
Workers across numerous occupations and industries are at risk of respiratory illnesses and diseases. Breathing should never be an issue at any job, but certain workplaces can expose workers to harmful substances such as chemicals, dust, or other airborne toxins. Workers exposed to harmful substances in the workplace can suffer from the following respiratory conditions:
- Asthma
- Chronic Obstructive Pulmonary Disease (COPD)
- Pneumoconiosis, including asbestosis and silicosis
- Lung cancer
Causes and Symptoms of Asbestos
According to Asbestos.com, nearly 1.3 million American workers are exposed to Asbestos. Asbestos is so prevalent in the workplace because it is a common contaminant found in buildings, roads, homes, schools, factories, ships, trains, and cars across the country. This fibrous chemical is widely used in many products such as car brakes, roofing material, drywall, flooring, and other industrial goods.
When asbestos fibers are inhaled, they can cause inflammation and scarring of lung tissues. Prolonged exposure to these fibers may result in asbestosis or one of the other 200 types of pulmonary fibrosis. The most common symptoms of developing a respiratory illness due to asbestos include:
- Shortness of breath
- Persistent dry cough
- Chest tightness or chest pain
- Weight loss due to loss of appetite
- A dry, crackling sound in the lungs while breathing
- Clubbing of the fingers and toes, which results in a wider, rounder shape of the appendage
How to File a Harmful Substances Workers’ Compensation Claim in Salinas
The moment you begin experiencing health issues due to exposure to a harmful substance, you should tell your manager or immediate supervisor about the injury. While making someone aware of your exposure to harmful substances is a necessary first step, it does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to begin receiving workers’ compensation benefits in California:
- Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your health issues within 30 days of it occurring, you could potentially be denied workers’ compensation.
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on the benefits you may receive.
These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance, do not hesitate to reach out to one of our Workers’ Compensation Attorneys at Maison Law. We’re here to help victims who have been injured at work, so there is no charge to discuss your case with one of our attorneys.
Contact a Salinas Exposure to Harmful Substances Workers’ Compensation Lawyer
If you or a loved one has suffered health issues or respiratory injuries after being exposed to harmful substances, the attorneys at Maison Law will manage your claim, as well as pursue additional compensation from all liable parties on your behalf. Workers’ compensation claims can be complicated matters, but our attorneys have years of experience in protecting injured workers’ rights and representing them in all legal matters.
If your benefits are stopped before you are better, then we will work to recover them for you. If your benefits are denied, then we will take necessary action by building a strong case on your behalf or representing you in court if necessary.
Don’t let a harmful substance injury ruin your career potential. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our legal services, and we don’t get paid unless we win your case.
