Workers Compensation Lawyers on Toxic Exposure Cases
Toxic chemicals can cause injuries either by substantial exposure one-time or when exposed to a certain toxin over a period of time more than once, also known as occupational disease. Most states consider harmful exposure to toxic chemicals at work as a worker’s compensation claim.
Types of Toxic chemicals
There are a number of different chemical substances that can cause bodily harm or death of the individuals exposed to them. Some common toxic chemicals that people can be exposed to include the following:
- Ammonia
- Asbestos
- Arsenic
- Benzene
- Chloroform
- Formaldehyde
- Hydrogen peroxide
- Iodine
- Lead
- Mercury
- Uranium
- Zinc
Besides these, there are a variety of other chemicals as well.
Worker’s Compensation Claim for toxic Chemicals
A worker always holds the right to a worker’s compensation claim when exposed to toxic chemicals at work regardless of the fact that the employer took all the precautionary measures to save the employee from exposure. Exposure to toxins at the workplace is enough to file a worker’s compensation claim, especially in cases when the exposure leads to bodily harm. This law conflicts personal injury claims that require an individual to demonstrate the negligence of the employer.
If someone thinks they might be able to file a worker’s compensation claim because they have been exposed to toxic chemicals at work, they need to take certain steps. The first thing to do in a case like this is to consult a doctor. The doctor will assess their condition. If he thinks that the person is suffering from a condition because of the exposure to toxins, he may communicate to the employer instantly. Forms that are required to file a worker’s compensation claim will be provided by the employer. Some states also allow the doctors to fill out certain forms in order to report a workplace injury.
There should be a plan devised to remove or just limit the exposure of an affected worker to toxic chemicals. The doctor, employer and the employee may work together to formulate a plan like this.
A workers’ compensation attorney can also help. The first thing an attorney would do is to gather evidence in order to demonstrate the fact that the illness was caused by exposure to toxins at the workplace. The chances of formulation of a better case are when the process on the part of the attorney begins sooner.
Available Benefits
The benefits an individual is entitled to differ in different states and are also determined by the circumstances of the case. Some benefits that a victim may be eligible to receive include the following:
- Disability benefits required for the temporary compensation of lost income while the affected is receiving medical treatment and is incapable of working.
- In case the victim has suffered permanent bodily impairment, there are certain permanent partial disability benefits or permanent total disability benefits.
- Reimbursement for treatment of the individual that comprises compensation for the diagnostic studies, medication and equipment.
For the purpose of assessing and getting the maximum possible benefits, an attorney can prove helpful.
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