Decades of Workers' Compensation Experience in the Central Valley
There are many types of jobs that put people at risk for exposure to toxic chemicals, including jobs in factories, construction and manufacturing, auto repair, and the agriculture industry, to name just a few. Exposure can be gradual and not caused by one specific incident or accident. This makes some workers unsure if they qualify for workers' compensation benefits.
The experienced Fresno workers’ compensation attorneys at Berry, Smith & Bartell can help you understand your rights if you develop an occupational disease due to exposure to toxic chemicals. We can assist you with all aspects of your claim. Schedule your free legal consultation right now.
If you are exposed to toxic chemicals, there are certain steps that you can take to protect your workers' compensation claim, including:
Do not hesitate to seek medical treatment. When it comes to toxic chemical exposure, you want to catch it quickly and start treatment. In many cases, the longer you are exposed to something toxic, the greater the risk of serious injury.
As soon as you believe you may have been exposed to something that is toxic at work, go to the doctor and explain your suspicion. Tell the physician you think your injuries are work-related.
If you delay seeking medical treatment, you may find it difficult to link your chemical exposure to your injury. When there is a gap between the discovery of an injury or exposure to toxic chemicals, it arouses suspicion among workers' compensation insurers. They may think you are just trying to get money and are not seriously hurt. This could result in your claim being denied or devalued, preventing you from receiving all the compensation you deserve.
You can lose your right to receive workers’ compensation benefits if you do not give your employer written notification within 30 days after seeing the doctor. However, as with medical treatment, it is best to not delay. Tell your employer right away because it helps to demonstrate the seriousness of your situation. This will help convince the workers' compensation insurer about your injury and could help make the process less difficult.
For most workers’ compensation claims, the deadline to file your claim is based on the date of your injury. (You have one year from the date of injury to file a claim.) This date may be clearer if you are injured by an accident.
However, in the event of exposure to a toxic substance like asbestos or lead, the exposure date may not be obvious. This is why it is best to start the process right away. The one-year clock could begin to run after you see the doctor, the date you first missed work, or the date you knew or should have known your injury was caused by your job.
There are many examples of toxic chemicals in the workplace that could cause workers to develop illnesses or medical conditions, such as:
These chemicals can affect different systems in the body in a negative way. These systems can include the:
Some of the problems that can occur in these systems when toxic chemicals and substances are introduced into the body include:
While employees from various industries may be exposed to toxic chemicals, there are some jobs with a higher risk of toxic exposure.
Workers’ compensation claims based on exposure to toxic chemicals can be complex and difficult to prove. Linking your illness to your job could be particularly difficult.
The skilled attorneys at Berry, Smith & Bartell have a detailed understanding of the many issues involved in pursuing a workers’ compensation claim for a toxic chemical injury. If you would like assistance with your workers’ compensation claim, we can discuss your legal rights during a free consultation. We charge no upfront fees unless we recover compensation for your claim.
For a free case evaluation with Berry, Smith & Bartell, a Professional Law Corporation call 1-800-848-6288 today!
Decades of Workers' Compensation Experience in the Central Valley