California has more than 19 million people currently working across the state. With that many employees, it makes sense that California has more chances for workplace injuries since they carbon portion of the nation’s worker and resident population count. There are many common risks across different jobs; there is one danger that does not get a lot of publicity. People are not aware of it, in large part because we are one of the constant sources of it, and we are around it every minute we are alive. That risk is carbon dioxide poisoning, and the fact is that it is pretty common. But it is unknown how many cases go unreported every year. The California Division of Occupational Safety and Health has no publicly available data for cases reported to worker’s compensation. It can often be confused with carbon monoxide. Carbon dioxide is vital to life, isn’t toxic in nature, but the simple fact is that in high concentrations, it can make you extremely ill.
If you are an employee and your job may bring you into contact with carbon dioxide in high concentration, you can become seriously ill. There are many different jobs that might expose you to it in high concentrations, such as working as a welder or in building demolition. Carbon dioxide poisoning is a hazard, and while preventable, it does not change the fact that you need to be aware of it. Carbon dioxide poisoning as a workplace injury isn’t limited to employees who know they are working with carbon dioxide on a daily basis, either. CO2 concentrations can occur in a variety of manufacturing jobs and workplaces with poor ventilation. Making sure you are being as safe as you can be is crucial not just to your health. You may be questioned about how you got ill from carbon dioxide poisoning after filing a worker’s compensation case.
Situational awareness at work in a dangerous job is a critical skill and excellent habit to have. It will help keep you safe most of the time. However, if you are injured or get sick, the employees of California based companies will be covered by worker’s compensation insurance. If you have been hurt at work, please get in touch with the Normandie Law Firm any time, day or night. We are prepared to help you get your questions answered. They could be about your coverage, support, or your benefits. Our legal staff is capable and experienced, and poised to help you.
If your initial call to one of our team at Normandie Law Firm doesn’t resolve your questions, then we will schedule a free meeting with one of our workplace carbon dioxide poisoning lawyers to get the details of your incident and illness. This will enable our staff to give you better advice, support, and direction for any challenge you are dealing with. Sharing information between the client and the lawyer is the main point during the first meeting. If we believe that taking legal action is the best course, we are prepared to do that for you. We want you to know that you are not required to hire the Normandie Law Firm to represent you in any way. If you need help or any assistance after you are ill from carbon dioxide poisoning, please call Normandie Law Firm as soon as you have time.
After the workplace carbon dioxide poisoning lawyer gathers all your information regarding the illness, they will help you by reviewing what they believe to be the following steps to get the claim opened or progressed and get you compensated for medical bills, lost wages due to missed work, and every other expense that qualifies. With this info, you can take the steps needed to work directly with worker’s compensation. One crucial piece of information you need to know at this point is the amount of time you have to get your 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 California?
Under normal circumstances, the time limit to file a worker’s compensation claim is 30 days. The timer starts on the date of your injury or illness. If you are having any issue getting your claim opened, please reach out to the Normandie Law Firm staff so we can get you the help needed to open your claim before the 30-day time limit expires. If you wait longer than 30 days to file your claim, it will be denied. The 30-day time limit is very firm, but there are exceptions. One of them is for injuries that happen due to cumulative trauma.
Cumulative Trauma Injuries
Injuries that some employees get as a result of repeated activity over a period of time can be diagnosed as caused by cumulative trauma. This kind of injury remains eligible for treatment under worker’s compensation well beyond the 30-day limit applied to a single incident injury. A potential cumulative trauma injury would be repeated incidents of CO2 exposure that over time caused a loss of function in your lungs allowing you to breathe normally. The time limit to file a worker’s compensation claim for any injury diagnosed from cumulative trauma is 1 year from the date of the first day of work that is missed due to the injury or any treatment. Normandie Law Firm is ready and capable of helping you get your claim filed with worker’s compensation insurance.
Does The California Worker’s Compensation Program Cover Every Injury That Happens?
If the injury occurs while you are at work and doing your job on the clock, the answer is yes: they will cover each injury. If the cause of the injury is investigated and shows that your injuries were actually caused by conduct not having anything to do with work, like horseplay at a company outing, or if you were under the influence of alcohol, or committing a criminal act of some kind, the worker’s compensation program will not cover the injuries.
The Benefits Offered By The Worker’s Compensation Insurance Program
Below is a brief list of the key benefits provided by worker’s compensation insurance when you are employed in California. It is not a complete list, but it does show the most used benefits and coverages. They address many of the issues that someone will encounter when dealing with a workplace injury. The coverage provides the following:
- 100% payment or reimbursement of all your medical expenses related to your diagnosis, including treatment, and rehabilitation of your injuries, as well as other costs like prescriptions, rental of medical equipment, all with a maximum of 1 million dollars per incident
- 66% of your weekly earnings are paid to you when your injuries do not allow you to work during treatment or if you are hospitalized for required treatment, to a maximum of 104 weeks
- Disability payments are available if your injuries end up leaving you unable to work for a longer period, which will reduce or eliminate your income in the future, resulting in lifetime disability payments
What Are The Jobs That Employees Get Carbon Dioxide Poisoning?
As we called out earlier, there are many different industries that will produce carbon dioxide as part of production activity. What will surprise you is some of the jobs listed that don’t directly work with carbon dioxide but still have the risk of exposure and illness.
- Fossil fuel-burning-related power plants that burn fuel oil or coal to generate electricity, and the burning of natural gas for heat
- Industrial processes like cement manufacturing or chemical production
- Transportation-related industries also burn fossil fuel products, or a job that is around auto exhaust
If you work in any of these job roles, you are aware of the chance of being exposed to carbon dioxide and have taken precautions. You also need to know about the symptoms and warning signs of carbon dioxide poisoning, and more importantly, being on the lookout for them if you believe you have been exposed
The Common Warning Signs Of Carbon Dioxide Poisoning
Below are some basic symptoms that show up when you might be experiencing CO2 poisoning. It doesn’t matter if it is from exposure to any type of area that contains carbon dioxide, or in a work environment that generates carbon dioxide, such as welding. You should try to avoid getting carbon dioxide poisoning if you can. The only tried and true approach that is effective is the prevention of exposure. If you are exposed, you should attempt to evacuate the area if a buildup is present. The most common symptoms of carbon dioxide poisoning include:
- Headache and dizziness
- Nausea or vomiting
- Increased heart rate and blood pressure
- Rapid breathing and shortness of breath
- Fatigue and tiredness
- Increased perspiration
- Confusion or lack of focus mentally
If you have any of these symptoms, please seek medical attention as soon as possible. Our staff at Normandie Law Firm will be ready to assist you with your needs when you call us.
Suing My Company For Carbon Dioxide Poisoning
Any employee who is hurt at work while doing their job is normally limited to filing a claim with worker’s compensation. Suing the employer is generally not permitted. The program is a single source and exclusive remedy for all workplace injuries and victims. One notable exception to this is if gross negligence by the employer caused the hazard resulting in the harm to the employee. Your workplace carbon dioxide poisoning lawyer at Normandie Law Firm will review the case details and advise you if they believe you have a case where gross negligence might apply.
If gross negligence is suspected and can be proven, you can file a personal injury lawsuit against the entity that is responsible, and the court will award damages. You cannot sue for damages received from worker’s compensation. Examples of this would be your medical bills or the disability payment amount. Only items like the balance of your missing income or similar items that you will not be compensated for are eligible.
Are There Upfront Expenses To Hire The Normandie Law Firm?
When you hire a Normandie Law Firm workplace carbon dioxide poisoning lawyer for advice or representation, we will not ask you for any upfront legal fees. If we represent you in a lawsuit and fail to win the suit, we will not charge you any fees at all. Please do not hesitate to call upon the Normandie Law Firm when you have questions or need assistance. We are ready to help you when you need to talk to an experienced legal team.
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