At Maison Law Accident & Injury Lawyers of Fremont, we provide strong representation for victims injured while at work. This can include employees who must miss work due to an injury or illness caused by exposure to harmful substances. We demand the maximum in recovery support for victims from Workers’ Compensation and make sure employers are held accountable. Contact a skilled personal injury lawyer and schedule a free consultation.
Do I Need a Lawyer for My Workers’ Compensation Claim?
You don’t have to have a lawyer to file a Workers’ Compensation claim. Over a relatively minor injury that only results in a few days missed at work and no long-term effects, you may earn fair treatment and fair compensation on your own.
However, injuries and illnesses that develop after exposure to dangerous chemicals and other substances can often result in major health issues and lengthy recoveries.
When serious health issues, longer recoveries, and higher medical costs are involved, turning your case over to a Fremont Workers’ Compensation Lawyer may earn you much more for your claim.
These are just a few of the potential advantages a skilled lawyer can give you:
- Earn More in Compensation: Your lawyer will have the experience needed to know what you should earn for your injury and how to force insurers to provide everything you’ll need to recover physically and financially.
- Investigate Your Accident and Your Employer: Your attorney gathers all evidence and builds a strong case to keep your employer from changing the facts.
- Strong Defense: A Lawyer can also defend you when your employer and your employer’s Workers’ Comp Insurance providers try to cast doubt on how you were injured and the severity of your injuries.
- Represent You Before Workers’ Comp Administrators: A lawyer makes sure a Workers’ Compensation Judge hears the full story of how you were exposed to harmful substances. Your lawyer argues to get the employer to accept 100% of the blame and liability.
- Protect You from Retaliation or Job Loss: Employers who threaten injured workers or fire them simply because they can’t work will face strong legal action. Our lawyers act as your shields against this type of unlawful conduct.
The California Department of Industrial Relations (DIR) explains that you should speak to a lawyer if you believe your employer or the employer’s insurance provider is treating you unfairly. Suffering a permanent disability due to a work accident is another reason to turn your case over to an attorney. Your attorney would secure evidence and back your case with strong medical testimony.
Harmful Substances Dangers on the Work Site
Fremont workers in every profession deserve safe workplaces. Employees can suffer injuries from the heavy equipment they use. They might get hurt after falling off a platform. But victims can be seriously hurt by less visible risks. They might come in contact with or breathe a hazardous chemical.
Some jobs require the use of hazardous substances, and in those cases, employers should provide the proper training and safety equipment to ensure employees can avoid harmful effects. When companies and corporations fail to protect their employees, those who receive chemical burns, get sick, or develop cancer can file for help from Workers’ Compensation. Victims may also be able to hold their employers responsible beyond Workers’ Comp.
This support is vitally important because victims of exposure can end up with permanent respiratory issues, severe burns, and life-threatening illnesses.
These are just a few of the dangerous side effects of exposure to harmful substances in the workplace:
- Eye Injuries
- Illnesses resulting from work around Carcinogens (substances known to cause cancer)
- Cancers including lung cancer
- Asthma
- Silicosis
- Birth defects when women are affected
- Brain damage
- Organ damage
- Skin damage and rashes
- Chemical burn injuries
The effects of these devastating diagnoses can be easy to spot. However, some illnesses will build up over time and not be visible until they’ve taken hold. Victims can need help proving when they first contracted health problems and who was responsible.
A Fremont Workers’ Compensation Attorney steps in to handle the investigative phase and files a strong case with The California Division of Workers’ Compensation. The frustrating process is handled with as little disruption to the victim and the victim’s family as possible.
Professions that Present Harmful Substance Accident Risks
California victims may come from many fields. Those who work with chemicals, including fertilizers might develop long-term issues. Those renovating an old home or building need to be properly protected from Asbestos. Chemical cleaners and artificial materials can also give off fumes that cause dangerous health risks.
The National Safety Council (NSC) also reports that workers are in danger of exposure injuries from electricity and radiation. According to NSC data, exposure to harmful substances or environments was the third leading cause of workers missing days on the job between 2021 and 2022. What’s more, 839 people lost their lives to exposure across the nation over that span.
These are just some of the types of workers that we can help earn substantial support as they recover:
- Construction workers
- Farm, orchard, and ranch workers
- Miners
- Factory Workers
- Packing Plant Workers
- Warehouse Employees
- Aerospace Workers
- Military Personnel
- Firefighters
- Roofers
- Plumbers
Even employees who have desk jobs can be exposed to hazardous substances around the office. These and other workers should never have to face an injury or illness alone. A skilled attorney can determine who should be responsible for dangerous exposure and make sure a patient has whatever is necessary to get the best care available.
Support for Injured Workers Hurt by Exposure to Harmful Substances
Your attorney builds a case that shows how your employer left you vulnerable to a hazardous substance. Then a list of every hardship you have endured and will endure is created.
It should explain and document the damages that you expect assistance with.
This is a look at the support to secure through a Workers’ Compensation Claim:
- Reimbursement for all past medical care costs
- Reimbursement for the estimates on the care you may need in the years ahead
- Lifelong support if you develop a permanent physical or mental disability
- Financial support to help you find a new profession if you can’t return to your previous job
- Death benefits for family members if a victim tragically dies due to fatal exposure to harmful substances
The DIR Injured Worker’s Handbook contains further information on the support victims can expect to receive through Workers’ Comp.
Generally, California’s Workers’ Compensation doesn’t cover the physical pain victims experience or the mental trauma a frightening accident and difficult recovery might cause.
In some cases, a lawsuit might be necessary to gather support beyond Workers’ Comp. An employer could be sued in certain cases. If employers were grossly negligent in their failure to keep victims safe, they may be vulnerable to a lawsuit. When employers know of a risk to employees’ health and don’t notify them, they can be liable through a lawsuit.
Frequently Asked Questions
When should I tell my supervisor about my injury?
As soon as possible. Let your employer know the day you get injured. Waiting more than a month to alert your manager about your injury may cancel out your ability to seek Workers’ Compensation help.
How long do I have to file a California Workers’ Compensation injury claim?
Victims should alert their employers immediately after an injury is suffered. Then victims must work with their employers to file a Workers’ Comp claim within a year from the date of the injury. The one-year deadline might be assessed from the day the worker learns of an illness or injury.
Can a Workers’ Comp Lawyer Help Me If I’m a Union Member?
Yes. Injured Union members still receive Workers’ Comp benefits, and a skilled lawyer can also help them secure more in a settlement with an employers’ Workers’ Compensation insurer. Union members also receive additional benefits through their labor agreements. A lawyer can help make sure they receive certain benefits such as full wage reimbursement, longer medical coverage for an injury, and strong job protections.
Can I Seek Help After Exposure to a Harmful Substance If I’m an Undocumented Worker?
Yes. California Workers’ Compensation is available to all workers. Undocumented workers can still be covered. Their immigration status does not matter. A Fremont Workers’ Compensation Attorney will work to get those workers full benefits. Our lawyers also take quick legal action if employers try to intimidate or threaten a worker for reporting an injury. This behavior is illegal.
Contact a Fremont Workers’ Compensation Harmful Substances Accident Attorney
Contact Maison Law Accident & Injury Lawyers of Fremont to schedule a free, confidential consultation with a real Fremont Workers’ Compensation Lawyer. We want to hear what happened to you and work on a plan to earn you the support you need.
We’re going to answer your questions and make sure you are prepared for the tactics you’ll face so you don’t forfeit valuable support. You’ll know what your exposure injury is worth before an insurance adjuster tries to convince you it’s worth nothing at all.
Keep in mind, that you don’t have any savings to afford powerful legal representation. If you need our help earning what’s fair, we don’t get paid unless we win your case for you. Then our pay comes out of the check Workers’ Compensation must pay you.