Benzene Exposure At Work in Bakersfield Lawyer

The State of California, with a population greater than 38 million people, leads the nation in residents. Additionally, it is the third-largest in the country in total square miles. With the state population continuing to grow every year, there is an increase in the number of worker’s compensation cases filed every year as well. Generally, most of the employees understand the hazards they will face while doing their job when it comes to work injuries. Many of the risks are well known, and there are numbers available to tell you how many there have been year over year. There is one hazard that receives almost no attention, and there are no statistics to demonstrate its actual life-threatening nature. The hazard is benzene, and it is a heavily used liquid chemical present in a number of different manufacturing plants and companies. It is used in an even larger number of consumer products, sometimes as a key ingredient. It is very unlikely that using an over the counter product containing benzene will lead to any injury. Still, many people do not know that benzene is, in fact, a carcinogen, and there is a potential for illness and disease from repeated exposure to it in different forms if you work with it or around it often.

If you work for a company that uses benzene in its production facilities, there is a potential for very serious injuries and illnesses if you are exposed to it. Various chemical manufacturing companies producing household items and companies that are doing natural gas extraction use benzene as a component in their processes or as an ingredient. Benzene exposure is possible if your job exposes you to car exhaust frequently, or you encounter secondhand smoke in casinos or cigar bars all day. You need to be very careful when working around sources of benzene and remain focused on the safety protocols that are recommended. This is critical because if you are exposed, there will be an investigation as to how it happened.

Being aware of your environment at all times is a critical skill when you do a job that has high-risk hazards. If you are hurt on the job, each employee of a California based company will be insured by worker’s compensation. If you are ill or have been injured at work, please do not wait to call us at the Normandie Law Firm. We will help you get your questions answered when you contact us. If that first call to our team doesn’t answer all your questions, we will schedule you for a free initial consultation with a Benzene exposure at work in Bakersfield lawyer. They will gather information about the accident and the injury, answer any remaining questions, and provide you with updates about your options. One detail you will learn from us is the time limit to get a claim filed with worker’s compensation in California.

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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 claim is 30 calendar days. It starts the day of the injury occurrence. Please do not wait to contact the Normandie Law Firm if you need assistance in meeting this deadline. If you do wait more than 30 days before filing your claim, it will likely be denied. The 30-day period is tightly enforced, but there is an exception to it when you have been diagnosed with cumulative trauma injuries.

What Are Cumulative Trauma Injuries?
A cumulative trauma injury happens as a result of repeated activity over a period of time that literally adds up to an injury. Although the 30-day time limit to file from the date of injury has passed, this type of injury is still eligible for coverage under worker’s compensation, and there is a different time limit for filing a claim. The time limit is 1 year from the date of the first day of work you missed. The diagnosis has to be from a medical professional to get a claim approved.

Is There A Difference Between Benzene Exposure and Benzene Poisoning?
Yes, there is a big difference between the two. They are not interchangeable. Benzene poisoning is typically an encounter with an unknown amount of the chemical in a short amount of time without repeated occurrences. The case of poisoning can be also be an acute case, which indicates the exposure was to a large than average volume of benzene in a short timeframe. The symptoms are typically limited to dizziness, headaches, mild nausea, and potentially vomiting. Poisoning can also occur with prolonged exposure to a large volume. A prolonged acute poisoning incident can lead to unconsciousness and, unless stopped quickly, potentially death.

Benzene exposure is the exact opposite of this definition. It happens in very small amounts over a period of time, occurring regularly. Symptoms from benzene exposure are often so mild that they may go totally unnoticed. Over time, the exposure may lead to some different types of blood disorders, which will show up only on testing, as a rule. Illnesses like damage to your bone marrow, as well as suppression of the person’s immune system, are some of the outcomes on the bad end of the scale. It might result in diseases like Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML), otherwise known as cancers.

What Are Myelodysplastic Syndrome and Acute Myelogenous Leukemia?
MDS and AML are different types of blood cancer. MDS is a result of damage to your bone marrow by repeated exposure to benzene. It damages the DNA in stem cell production within your bone marrow. It is usually a slow moving disease, and there are some successful treatments available. AML is a more aggressive form of cancer, spreading faster, and it can begin as MDS, though it doesn’t necessarily have to. AML may take years after initial exposure before it appears. It is very difficult and challenging when it comes to treatment, in large part due to the speed at which it strikes once you have it.

Benzene Exposure And Worker’s Compensation
If your benzene exposure and subsequent illness does happen at work or can be traced back to your workplace, then it will be be covered by worker’s compensation. It is critical that you seek medical care if you think you have come into contact with benzene, resulting in poisoning or exposure. It is also crucial that you work to meet the safety standards set by your industry, and that you are continually verifying that your safety equipment is functioning normally. Benzene is highly toxic in its raw form, regardless of the amount with which you come into contact.

What Are The Benefits Provided By Worker’s Compensation Insurance In California?
Below is a brief list of the key benefits offered by worker’s compensation insurance to employees for any type of injury on the job. The list does include death benefits as well. The benefits are:

• A total of 1 million dollars per incident for covering the costs pertaining to medical expenses for your diagnosis and treatment, including out of pocket expenses, medical equipment rental, and prescriptions, and all future treatment requirements
• An amount not exceeding 66% of your weekly earnings is paid if the injuries do not permit you to work during your recovery in the short term
• Disability payments are available if the injuries result in longer periods of missed work, which will reduce or even eliminate your earnings in the future

Death benefits of up to $320,000 for surviving dependents. The total amount varies and is determined using the number of dependents and types, including a lump sum of up to $10,000 for final arrangements

Can Anyone File A Claim For Worker’s Compensation Death Benefits?
No, 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 when issued by the insurance program. Similar to filing a normal claim for injury, there is a time limit to file for death benefits, and the time limit starts on the day the family member passes away. The time limit is one year.

Dependents come in two different categories. The categories are 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 typically financially reliant on the deceased and are not required to prove this reliance. They are immediate family and defined as:

• The surviving spouse or domestic partner who is registered whose earnings in the previous 12 months were less than $30,000 in total
• All minor children
• Children of any age who are physically or mentally incapable of earning a living

Partial dependents are also relatives who were partly reliant on the deceased financially when they passed away. 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 domestic partner who is registered whose earnings in the previous 12 months were greater than $30,000 total
• Any children over the age of 18, including step and adopted children
• The deceased family member’s parents or grandparents
• Other extended family members like sisters and brothers, aunts and uncles, or grandchildren

Can I Sue My Employer After Being Exposed To Benzene At Work?
Under regular circumstances, employees who get injured at work are not allowed to sue their employer for damages after filing a worker’s compensation claim. The worker’s compensation insurance is an exclusive remedy for workplace injuries and benefits. This means that fault is not a factor in determining coverage for the injured party.

The exception to this policy is when 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 benzene exposure at work in Bakersfield lawyer will assess the claim and advise if you have a case where gross negligence may apply.

Lawsuits For Wrongful Death In A Worker’s Comp Claim
Even after receiving a death benefit from worker’s compensation, your family is allowed to file a lawsuit for wrongful death. Just like an employee suing for damages in addition to worker’s compensation coverage, only in the case of gross negligence if the entity being sued is the employer of the deceased. The family can still file a lawsuit naming a 3rd party whose actions contributed to or caused the passing of a family member. Only the immediate family can file a wrongful death lawsuit.

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

The Normandie Law Firm And Upfront Expenses
At Normandie Law Firm, we do not ask our clients to pay upfront legal costs. If we represent you in a lawsuit and fail to win your case, we do not charge our clients for the services provided. Please get in touch with the Normandie Law Firm if you need to hire a Benzene exposure at work in Bakersfield lawyer.

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