Exposure To Benzene At Work In San Diego Lawyer

The State of California is one of the largest in the nation, with a population of more than 38 million people and ranking third in total square miles. The state population is continuing to grow each year, and as you might expect, there is an increase in the number of worker’s compensation cases filed each year too. Most employees are familiar with the hazards they will face daily while doing their jobs. Most of the risks are well-known and understood. There is one hazard across several industries that gets almost no attention, and it is benzene. It is a heavily used liquid chemical that is used in a number of different manufacturing plants and companies engaged in things like natural gas extraction. Benzene is also used in a large number of consumer products, although not typically as a primary ingredient. It is unlikely that using a product containing benzene will lead to any injury, but many people are unaware that benzene is a carcinogen and known to cause cancer. There is a potential for severe illness and disease from repeated exposure to it if you work with or around it often.

If you work for any kind of manufacturer that uses benzene in its production processes, there is a potential for severe injuries and illnesses if you get exposed to it. Various chemical manufacturing companies and organizations that produce household items use benzene as a component in their processes or as an ingredient. Benzene exposure is also possible if your job requires you to be around car exhaust frequently, or if you work around secondhand smoke in casinos or cigar bars. You should be very careful when you work around different sources of benzene. You should know everything you can about the safety protocols that are recommended. This is important because if you are exposed to benzene, there will be an inquiry to determine how that occurred.

If you are hurt on the job, the employees of all California based companies are insured by worker’s compensation. If you are ill or have been injured at work, please do not wait to contact the legal team at the Normandie Law Firm. We will help you get your questions answered as soon as we can. If that first call to the staff doesn’t answer your questions, they will schedule a free initial consultation with an exposure to benzene at work in San Diego lawyer for you. That lawyer is going to gather information about the incident, answer any remaining questions you have, and then update you on your options. One detail we would like to share with you immediately is the time limit for filing claims with workers’ compensation in California.

Our Recent Verdicts and Settlements

What Is The Time Limit To File A Worker’s Compensation Claim?

The time limit to file a claim with worker’s compensation for a standard injury is 30 calendar days. It starts the day of your accident and injury. Please get in touch with the Normandie Law Firm if you need assistance in meeting this deadline. If you do wait more than 30 days before filing a claim, it will likely be denied. The 30-day time period is a firm limit. There is, however, an exception to that time limit. It is when you are diagnosed with a cumulative trauma injury.

What Is A Cumulative Trauma Injury?

A cumulative trauma injury diagnosis happens when you have experienced a pain or illness that is the result of repeated activity over a period of time. With this type of injury, you will be beyond the 30 day time limit from a day of injury perspective. This type of injury remains eligible for coverage by worker’s compensation because there is a different time limit for filing a claim. This time limit is 1 year from the date of the first day of work you missed due to pain or treatment. The diagnosis has to be from a medical professional in order to get your claim approved.

What Is The Difference Between Benzene Exposure and Benzene Poisoning?

Benzene poisoning occurs when you have encountered benzene in an amount easily identifiable and for a quantifiable time period. Depending on the time and amount, the case of poisoning can also be an acute one, which means the exposure was a large amount of benzene in a short timeframe. These symptoms are typically limited to dizziness, headaches, mild nausea, and vomiting in some instances. Poisoning can also occur with prolonged exposure to a significantly larger volume. A prolonged acute poisoning incident can lead to unconsciousness and, unless it is stopped quickly, death.

Benzene exposure is virtually the opposite of poisoning. It typically involves a minimal amount of benzene over an extended period of time. Symptoms from benzene exposure are often so mild initially that they usually go untreated because the worker didn’t know they were exposed. Over time, that exposure can lead to blood disorders of a couple of different types. Illnesses like damage to your bone marrow, as well as suppression of the person’s immune system, are some of the outcomes you will want to avoid. That level of exposure could result in diseases like Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML), otherwise known as cancers.

What Are MDS and AML?

MDS and AML are different types of blood cancer. MDS is damage to your bone marrow by repeated exposure to benzene. Over time, it damages the DNA in stem cell production within your bone marrow. It is a slow moving disease, as a rule, and there are some successful treatments available for it. AML is a more aggressive form of cancer, spreading faster, and it can begin as MDS, though it doesn’t have to. AML often takes years after first exposure before it appears with symptoms. It is very challenging when it comes to treatment, in large part due to the speed at which it progresses once it starts.

Benzene Exposure And Worker’s Compensation Coverage

When your benzene exposure and illness happen while at work, or can be traced back to your workplace, and it is determined that you have been exposed, then it will be covered by worker’s compensation insurance. It is very important that you seek medical care if you think you have come into contact with benzene. Once exposed, it is also crucial that you work to stay within the safety standards set by your industry and continually check that your safety equipment is functioning correctly. Repeated exposure to Benzene in raw form will lead to serious illness, regardless of the amount you come in contact with.

The Benefits Provided By Worker’s Compensation Insurance In California

Below is a brief list of the key benefits and services that are offered by worker’s compensation insurance to employees for injuries on the job. This includes death benefits that cover burial services as well as replacing your income for your family. The benefits are:

• One million dollars per incident for covering the costs of medical expenses for your diagnosis and treatment, including out of pocket expenses, rental of any medical equipment, prescriptions, and any future treatment requirements
• 66% of your weekly earnings will be paid if the injuries do not permit you to work during your recovery in the short term
• Disability payments should be available if your injuries result in more extended periods of missed work, which will reduce or even eliminate your earnings in the future

Death benefits totaling up to $320,000 for dependents. The total amount will vary and is determined in part by using the number of dependents and types, including a lump sum of up to $10,000 for final arrangements.

Who Can File A Claim For Worker’s Compensation Death Benefits?

The list of people eligible to file for death benefits is limited to the dependents of the deceased. They are also the only people eligible to receive the death benefits once issued by the insurance program. There is a time limit of one year to file for death benefits, and that time limit starts on the day the family member passes away.

Dependents are categorized as either total or partial. They are defined in this way to facilitate the determination of entitlement and eligibility for death benefits. It also affects the total payment as well.

Total dependents are usually completely reliant financially on the deceased and are not required to prove that reliance. They are immediate family and defined as:

• The surviving spouse or registered domestic partner who earned less than $30,000 in the previous 12 months
• Any minor children
• Children of any age who are physically or mentally incapable of earning a living independently

Partial dependents are relatives who were partly reliant on the deceased financially. Partial dependents will be required to provide documentation that verifies the financial dependency on the deceased. Examples of partial dependents are:

• The surviving spouse or registered domestic partner who earned more than $30,000 in the previous 12 months
• Any children over the age of 18, including step and adopted children
• The deceased family member’s parents or grandparents
• Other extended family members such as siblings, aunts and uncles, or grandchildren

Can I Sue My Employer For Getting Hurt At Work?

Under normal conditions and circumstances, that answer is no. Employees are not allowed to sue their employer for damages after filing a worker’s compensation claim. Workers’ compensation insurance is an exclusive remedy for workplace injuries and provides benefits. This means that fault is not a factor in determining coverage for the injured party.

The exception to this policy is if gross negligence is suspected on the part of the employer. If it can be shown that they were responsible for the accident or the hazard through reckless behavior, decisions, or a desire to harm the employee, they can be sued. The Normandie Law Firm exposure to benzene at work in San Diego lawyer will assess your claim and advise if you have a case where gross negligence may apply. It is likely to require an investigation.

Filing Lawsuits For Wrongful Death In A Worker’s Compensation Case

Surviving members of your family are allowed to file a lawsuit for wrongful death. If the target of the suit is your employer, only in the case of gross negligence, restrictions will apply for what they can sue for. The family can also file a lawsuit against a 3rd party whose actions contributed to or caused the death. In the case of an automobile accident that killed a family member in a company vehicle, this is one example. The immediate family are the only ones that can file a wrongful death lawsuit.

• Any surviving spouse or registered domestic partner of the deceased
• The former spouse or registered domestic partner who is filing on behalf of any minor child who is dependent on financial support from the deceased
• Any surviving children of the deceased

What Is The Normandie Law Firm Policy On Upfront Expenses?

At Normandie Law Firm, we do not ask our clients to pay us any upfront legal costs. If we represent you in a lawsuit and do not win your case, we do not charge you for our services. Please get in touch with the Normandie Law Firm if you need to hire an exposure to benzene at work in San Diego lawyer. We can help you get back on your feet and back to work.

Other Pages on Our Website Related to This Topic
Average Value Of Shoulder Labrum Tear Workplace Accident
Average Compensation Value Of A Hearing Loss At Work Claim
Average Worker’s Compensation Value For Hearing Loss Due To Loud Noise At Work