Fresno Benzene Exposure At Work Lawyer

The State of California has a population of more than 38 million people and is the largest state in the nation. It is also the 3rd largest in the county in square miles. With the state population continuing to grow each year, it stands to reason that there is also a growing number of worker’s compensation cases filed every year too. Most employees understand the hazards they will face when it comes to work injuries and the opportunities for them at work. There is a hazard that receives almost no attention, and there are no numbers to demonstrate how life-threatening it actually is. The hazard is exposure to benzene, a heavily used liquid chemical that is employed in numerous manufacturing processes and serves as an essential ingredient in a vast array of consumer products. It is very unlikely that consuming an over the counter product containing benzene leads to a long-term illness. Still, many people do not know that benzene is a carcinogen, and there is a potential for illness and disease from repeated exposure to it in different forms.

If you work for a manufacturer that uses benzene in its production facilities, there is a potential for severe injury if you are exposed to it. Various chemical manufacturing companies, as well as organizations doing natural gas extraction, use benzene as a component in their processes or as an ingredient. Benzene exposure is possible if your job frequently exposes you to car exhaust, you encounter secondhand smoke in casinos or cigar bars for hours at a time, or you experience a natural gas leak in your home or neighborhood. You must be extremely cautious when working around sources of benzene and strictly adhere to the safety protocols in place. This is critical because if you are exposed, there will be an investigation into how it happened.

Being aware of your environment at all times is a critical job skill when you work in a job with high-risk hazards. If you are hurt on the job, each employee of any California-based company will be insured by the worker’s compensation program. If you are ill and have been injured at work, please call us at the Normandie Law Firm. We can help you get any questions you may have answered rapidly when you call us. It will not matter what the questions are or how many you may have. If that first call to the team doesn’t answer all your questions, we can schedule a free initial consultation with a Fresno benzene exposure at work lawyer. They will gather information about the incident and the resulting injury, and inform you about all your options. One detail you should know about is the time limit to get a claim opened with worker’s compensation in California.

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What Is The Time Limit To File A Worker’s Compensation Claim In The State Of California?
The time limit to file a claim with worker’s compensation for a standard injury claim is 30 calendar days. Illness due to repeated exposure to benzene is going to have a different time limit, pending the details around the claim and any illnesses that you have. Please do not wait to contact the Normandie Law Firm if you need assistance. We can help you get your claim opened before the deadline expires. If you do wait more than 30 days before filing your claim, it will likely be denied. The 30-day period is firmly enforced, but there is an exception when dealing with cumulative trauma injuries.

What Is A Cumulative Trauma Injury?
Injuries that happen as a result of repeated activity over a period of time can be diagnosed as caused by cumulative trauma. This type of injury is also eligible for coverage by worker’s compensation, and there is a different time limit for filing a claim. The time limit is one year from the date of the first day of work you missed. A diagnosis must be provided by a medical professional to obtain approval for a claim.

What Is The Difference Between Benzene Exposure and Benzene Poisoning?
In basic terms, benzene poisoning is usually a brief encounter with the chemical in a short period of time without repeated occurrences. The case of poisoning may be referred to as acute, which generally indicates the exposure was to a large volume of benzene in a short timeframe. The symptoms are typically limited to dizziness, headaches, mild nausea, and potentially vomiting. Poisoning can also occur through prolonged exposure. 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 occurs in minimal amounts over a period of time, happening periodically and often repeatedly. Symptoms from benzene exposure are often so mild that they may go totally unnoticed. Over time, the exposure might 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 really bad end of the scale. It might result in diseases like Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML), otherwise known as cancers.

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. What happens is that it damages the DNA in stem cell production within your bone marrow. It is typically a slow-moving disease, and several effective treatments are available for it. AML is a more aggressive form of cancer, spreading faster, and it can start with MDS, though it doesn’t necessarily have to. AML may take years after initial exposure for it to appear. It is very difficult and challenging when it comes to treatment, largely due to the speed at which it strikes.

Is Benzene Exposure And Poisoning Always Covered By Worker’s Compensation?
If your benzene illness occurs at work or can be traced back to your workplace, then it is going to be covered by worker’s compensation. You must get medical treatment if you think you were exposed for any period of time or to any amount at all. This is not only for treatment purposes, but to determine how the exposure happened and to prevent it from continuing to occur. It is crucial that you strive to maintain the safety standards established and that you regularly inspect your safety equipment. Benzene is extremely hazardous in its raw form, regardless of the amount to which you are exposed.

What Are Some Of 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. The list also includes death benefits. The insurance provides the following:

• A value of 1 million dollars per incident for covering costs pertaining to medical expenses related to your diagnosis and treatment, including out of pocket expenses, medical equipment rental, and prescriptions,  as well as rehabilitation and future treatment that might be necessary
• An amount equaling 66% of the employee’s 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 fully eliminate your earnings in the future
• A death benefit 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 With Worker’s Compensation Death Benefits In California?
The dependents of the deceased are the only people who are allowed to legally file for death benefits with the worker’s compensation insurance program in California. 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 one-year time limit to file for death benefits, and the time limit starts on the day the family member passes away.

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. Total dependents are typically completely financially reliant on the deceased and are not required to prove their reliance. They are:

• 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 are defined as being under the age of 18
• Children of any age who are physically or mentally unable to earn a living

Partial dependents are also relatives who were partly reliant on the deceased financially when they passed away. Partial dependents will be asked to provide documentation that proves the financial dependency. 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 stepchildren or 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 Injured At Work?
Under regular circumstances, employees who are 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 negligence on the part of the company does not need to be proven for the employee to be covered for expenses related to the injury.

The exception to this policy is if gross negligence is suspected on the part of the employer. If they can be shown to have been responsible for the accident or the hazard through reckless behavior, decisions, or a desire to hurt the employee, they can be sued. Your Fresno benzene exposure at work lawyer will assess the case and advise if you have a case where gross negligence may apply. If you do file a lawsuit based on suspected gross negligence, you cannot include any costs that have been covered by worker’s compensation. Examples like the medical bills and lost wages would fall under this restriction. What you could sue for is the balance of lost income, pain and suffering, or loss of personal equipment.

Lawsuits For Wrongful Death After Award Of Worker’s Compensation Death Benefits For A Loved One
Your family is allowed to file a lawsuit for wrongful death, but similar to an employee suing for damages, only in the case of gross negligence if the target of the suit is the employer. The family can also file a lawsuit naming a third party whose actions contributed to or caused the passing of a loved one, with or without actual malice. 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

What Will The Upfront Expenses Be For Hiring The Normandie Law Firm?
When you hire the Normandie Law Firm for assistance or legal representation, we will not ask you to pay any upfront legal fees before we help you. 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 for a free consultation if you need to hire a Fresno benzene exposure at work lawyer.

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