Exposure to toxic chemicals does not always manifest itself as health issues. However, over time, workers can notice worrisome symptoms. Tying them to the workplace can make them eligible for workers’ comp benefits.
If you developed a medical condition after being exposed to dangerous materials at work, you need to consult a San Bernardino toxic chemical exposure injury lawyer. Our experienced workers’ compensation attorneys can help you file relevant claims and seek the money you deserve.
Employer Responsibilities
An employer has a responsibility to protect their workforce from dangerous elements at the workplace. The Occupational Safety and Health Administration (OSHA) has specific guidelines about chemical hazards and toxic substances. If an employer has to come into contact with a chemical, they must be notified about the potential effects.
OSHA also sets limits on acceptable exposure amounts. The employer must find an alternative to using toxic chemicals when possible or explore other engineering solutions to prevent exposure.
If the employer does not follow these guidelines and puts their workers at risk, they act negligently. While the employee in San Bernardino has the right to file a workers’ comp claim regardless of the employer’s actions, extreme negligence can make a personal injury lawsuit possible. An experienced toxic chemical exposure injury attorney could provide valuable guidelines about which claims to file and which steps come first.
Damages in a Toxic Chemical Exposure Claim
When a person files a workers’ compensation claim, they can seek several types of damages, including:
- Medical Expenses: Workers can receive compensation for all medical costs related to the exposure. This includes both short-term expenses (doctor visits, hospital stays, diagnostic tests) and long-term treatments like physical therapy.
- Lost Wages: If the exposure forces a worker to take time off, they may recover lost income. However, workers’ compensation only covers two-thirds of the wages.
- Permanent Disability Benefits: If the toxic exposure leads to a long-term or permanent health condition, the worker may qualify for disability benefits.
- Vocational Rehabilitation: If the worker cannot return to their previous job due to health issues caused by exposure, workers’ comp may cover education for a new role.
- Death Benefits: If toxic chemical exposure leads to a fatal illness, the worker’s surviving family members may receive death benefits (e.g., funeral costs, financial support for dependents).
If the employee files a personal injury claim, they can also recover full lost wages and non-economic damages. The latter includes pain, suffering, emotional distress, and much more.
Statute of Limitations
Employees in San Bernardino only have one year from the time they sustained injuries or reasonably discovered them to file a workers’ comp claim. However, before doing that, they must notify the employee within 30 days of sustaining an injury. Meanwhile, the statute of limitations for personal injury cases is two years.
A San Bernardino toxic chemical injury attorney can help the worker understand the multiple deadlines and file all the relevant documents on time.
Speak to a Toxic Chemical Exposure Injury Lawyer in Bernardino Today
If you were exposed to toxic chemicals at work and sustained injuries, you can seek compensation through multiple channels.
An experienced San Bernardino toxic chemical exposure injury lawyer from the Law Offices of Antony E. Gluck, PC could help you take the right steps and receive the compensation you deserve. Contact us for a free consultation today.
(909) 885-1620