Long Beach Benzene Exposure At Work Lawyer

The State of California has an ever-growing population, right now totaling more than 38 million people, and remains the largest state in the country. California is also the third-largest state in the country in land mass. Both of these factors contribute to the numerous workers’ compensation claims filed in the state. Many employees understand what hazards they will see when it comes to preparing for work injuries and the opportunities for them. There is one risk that gets very little mention, and that hazard is benzene exposure. It is a frequently used liquid chemical that is part of a number of different manufacturing processes. It is also used in a large number of consumer products as an ingredient. Many people do not know that benzene is an actual carcinogen and has some probability to cause cancer in people who come in contact with it.

If you work for a manufacturer that uses benzene in its production facilities, there is an opportunity for very serious injuries if you get exposed. Some chemical manufacturing companies and natural gas extraction organizations will use benzene as component in their processes. Benzene exposure is also a potential risk if you are exposed to car exhaust frequently as part of your job. You should be very careful when working around sources of benzene, and be focused on the safety protocols you are using. This is critical because if you are exposed, there is going to be an investigation to determine how it happened.

When you are hurt on the job, as an employee of any California-based company, you will be insured by the worker’s compensation system. If you are injured at work, please don’t wait to call us at the Normandie Law Firm. We are ready to help you get the questions you have answered quickly when you contact us. If that first call to the legal team doesn’t answer all of your questions, we can schedule a free initial consultation for you with a Long Beach benzene exposure at work lawyer. In that meeting, we will gather the information about the accident, any resulting injury, and other details so that we can help you review all the options available. One thing we will review with you is the time limit you have to get a claim filed with worker’s compensation.

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The Time Limit For Filing A Claim With Worker’s Compensation Claim
The time limit for filing a claim with worker’s compensation is 30 calendar days. Please do not wait to contact the Normandie Law Firm if you need assistance. We do not want you to risk running out of time. If you do wait more than 30 days before filing your claim, it is likely to be denied. The 30 days is strictly enforced. There are exceptions made for cases involving cumulative trauma injuries.

Cumulative Trauma Injuries Related to Benzene Exposure
Any injury that occurs because of repeated activity over a period of time can be diagnosed as caused by cumulative trauma. In terms of the time limit to file a claim, this kind of injury is eligible for coverage by worker’s compensation and is 1 year from the date of the first day of work you missed due to the injury. The diagnosis of cumulative trauma has to come from your doctor.

Is There A Differences Between Benzene Exposure and Benzene Poisoning?
There is a difference, and in basic terms, benzene poisoning is typically a limited exposure to the chemical over a short period of time without recurrence. The case of poisoning might also be acute, which indicates the exposure was to a large volume of benzene in a brief timeframe. The symptoms are usually limited to headaches, dizziness, mild nausea, and perhaps some vomiting. Acute poisoning may happen from prolonged exposure. This type of poisoning incident could lead to unconsciousness and, unless stopped quickly, death.

Benzene exposure is not the same as poisoning. It usually occurs in very small amounts over an extended period, periodically repeated, and with symptoms often so mild that they may go unnoticed, leaving you unaware. Over time, the exposure could lead to some different types of blood disorders, which can show up on testing. Potential damage to the bone marrow and suppression of the person’s immune system are some of the more severe outcomes associated with extreme exposure cases. Exposure over time can result in diseases such as Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML), also known as blood cancers.

What Are Myelodysplastic Syndrome and Acute Myelogenous Leukemia?
MDS and AML are two different types of blood cancers. MDS is damage to your bone marrow by repeated exposure to benzene. What it does is damage your DNA in stem cell production within the bone marrow. It is almost always a slow-moving disease, and there are successful treatments available for MDS. AML is more aggressive and usually spreads faster. It can start with MDS, though it doesn’t necessarily have to. AML will often take years after your initial exposure to appear, and it doesn’t in every case. It can be complicated when it comes to treatment, mainly due to the speed at which it strikes.

Will Benzene Exposure And Poisoning Be Covered Under Worker’s Compensation In California?
If your illness happens at work, or can be traced back to your workplace, then it is going to be covered by worker’s compensation insurance. It is critical that if you believe you have been exposed to benzene at all, you get medical treatment immediately. This is not just for treatment purposes, but will help figure out how the exposure happened and who else might be affected. It is also crucial that you maintain the safety standards your company sets, and you continually check your safety equipment if applicable. Benzene is very dangerous in its raw form, regardless of the amount you are exposed to. Exposure to it is to be avoided if possible.

The Key Benefits Provided By Worker’s Compensation Insurance In California
The list below covers some of the benefits offered by the worker’s compensation insurance to employees for various injuries. The list also includes death benefits. The insurance provides the following:

• A cap of 1 million dollars per incident for covering the costs of medical treatment related to your diagnosis, including out of pocket expenses, medical equipment rental for items like wheelchairs or hospital beds, and prescriptions, rehabilitation, and future treatment that may be part of ongoing care
• A dollar amount equaling 66% of the employee’s weekly earnings is paid if your injuries do not allow you to work in the short term
• Disability payments if the injuries result in longer periods of missed work, which will reduce or even entirely eliminate your future earnings

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

Filing A Death Benefits Claim With Worker’s Compensation In California
The dependents of the deceased are allowed to file for death benefits with the worker’s compensation insurance program in California. They are the only people eligible to receive the death benefits when issued by the insurance program. There is a one-year time limit to file for death benefits, and the time limit begins on the day the family member passes away.

Dependents are classified into two categories: total or partial. They are defined to allow worker’s comp to figure out entitlement and eligibility levels for the death benefits. Total dependents are completely reliant financially on the deceased and are not required to prove 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 relatives who were only partly reliant on the deceased financially. Partial dependents will be required 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
• Additional extended family members like sisters and brothers, aunts and uncles, or grandchildren

Is My Employer Liable For Being Injured At Work, And Can They Be Sued?
Employees who are injured at work are usually not permitted to sue their employer for damages in addition to filing a worker’s compensation claim. The worker’s compensation insurance is an exclusive remedy for workplace injuries. What this means is that negligence on the part of the company does not need to be proven or admitted to before the employee is covered for expenses related to the injury, as well as additional benefits.

The exception to this is when gross negligence is suspected by the employer. If the employer is or can be shown to have been responsible for the accident or the creation of the hazard through reckless behavior, decisions, or a desire to hurt the employee, they can then be sued. Your Long Beach benzene exposure at work lawyer will review your case and advise if you have a claim where gross negligence might apply. If you do file a lawsuit based on suspected gross negligence, you are not allowed to include any costs that have been covered by worker’s compensation in the calculation of damages. Examples like your medical bills and lost wages would fall under this restriction. In short, anything you have already been paid for or has been covered cannot be claimed again. What is allowed is anything not compensated for. Examples would include the balance of lost income, pain and suffering, or the cost of replacement of any personal equipment damaged in the incident.

Can A Family Sue For Wrongful Death After Receiving A Death Benefit Payment From Worker’s Comp?
A surviving family can file a lawsuit for wrongful death. Similar to an employee suing for damages in a worker’s comp case, though, gross negligence would need to be proven if the target of the wrongful death lawsuit is your former employer. The family can also file a lawsuit naming a 3rd party whose actions contributed to or caused the passing of a loved one, with or without actual malice. They are not covered by the remedy provided by worker’s comp. The immediate family are the only members that 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

Are There Any Upfront Expenses When Hiring The Normandie Law Firm To Represent Me?
When you hire a Normandie Law Firm Long Beach benzene exposure at work lawyer, assistant, or legal representative, we will not require you to pay any upfront legal fees before we assist 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 if you need assistance or representation. We are ready to help you get what you deserve.

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