Benzene Exposure Lawyer In Fresno

With more than 38 million residents, the State of California is the most populous in America. The geographical size of the state is the third largest, and the number of businesses that use California as a base for manufacturing continues to increase. There are large numbers of worker’s compensation cases filed each year that are directly related to those numbers. Many employees are aware of the standard issues they face regarding work hazards. There is one hazard that many workers rarely consider, and it is one that is particularly dangerous. This hazard is benzene.  It is a commonly used liquid in various manufacturing processes, and a large number of consumer products include it in their ingredients. It is unlikely that consumption of an over the counter product can cause significant illness, but many do not know that benzene is a carcinogen. There are several risks of sickness and illness associated with repeated exposure. Some of those illnesses result in cancer and death.

If you are working in a factory that uses benzene to produce materials or goods, there is an opportunity for serious workplace injury if you are exposed to it. It is used in the creation of some pharmaceuticals, as well as items such as makeup, paint thinner, adhesives, and cleaning products. Industries such as chemical manufacturing and natural gas extraction are also significant users of benzene in their operations. It is also present if your job places you near car exhaust, 2nd hand smoke in places like casinos, as well as a natural gas leak. You must be as cautious as possible when working around known sources of benzene, regardless of the safety protocol being used. This is crucial if you are exposed, because there will be an investigation if it leads to making a worker’s compensation claim.

Being aware of your work environment at all times is a critical job skill when working in any industry with high-risk hazards. If you are hurt at work, the employees of every California based company will be insured by the worker’s compensation program. If you are sick or have been injured at work, please get in touch with the Kenmore Law Group. We are ready to help you get any questions you might have answered over the phone when you call us. It doesn’t matter what the questions are or how many you might have. If that first call to one of our experienced legal staff doesn’t answer all your questions, they will schedule you for a free initial consultation with a benzene exposure lawyer in Fresno. They will gather all the details of the accident and the resulting illness. One thing you should know about the worker’s compensation system immediately is the time limit you have for getting a claim opened with worker’s comp.

The Time Limits For Making A Worker’s Compensation Claim
Thirty calendar days is the time limit to file a claim with worker’s compensation insurance program for workplace injuries. Illness from being exposed to benzene may have a different time limit, pending the details around your claim and injury. Please get in touch with the legal team at the Kenmore Law Group as soon as you can. We can get you the help you need to get your claim opened before any deadline that might expire. If you do wait more than 30 days before filing a claim, it will likely be denied. The 30 days is firmly enforced, but there is an exception to it regarding cumulative trauma injuries.

What Is The Difference Between Benzene Exposure and Benzene Poisoning?
In simple terms, benzene poisoning is what is termed an acute case of contact. The definition of acute is characterized by a large volume and a short contact time with benzene liquid and gas, and it is absorbed into the system in an equally short time period. The symptoms are usually limited to some dizziness and headaches, as well as mild nausea and possibly vomiting. Prolonged acute poisoning can also lead to unconsciousness.

Benzene exposure is defined as happening in minimal amounts over a long period of time. These symptoms are often so mild that you may not notice any side effects at all. Over time, they result in different types of blood disorders like leukemia, damage to your bone marrow, as well as suppression of your immune system. They can result in diseases such as Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML). The result of these illnesses at their worst could be cancer. Benzene exposure is still covered by worker’s compensation, though with a slightly different diagnosis and rule set. The cause and time limit differences are covered under what is diagnosed as cumulative trauma.

Cumulative Trauma And Workplace Injury
Injuries that occur during an elapsed period of time can be diagnosed as the result of cumulative trauma. As mentioned above, this kind of injury is still eligible for treatment under worker’s compensation, but there is a different time limit for this kind of illness. Anything diagnosed as a result of cumulative trauma has a time limit of 1 year from the date of the first day of work you missed. Kenmore Law Group can help you get your claim filed with worker’s compensation insurance to take advantage of the benefits available.

What Are MDS And AML?
MDS and AML are different types of blood cancer. MDS impacts your bone marrow, with benzene damaging your DNA in stem cell production within your bone marrow. It is almost always a slow-moving condition, and various treatments are available for it. AML is a more aggressive form of the cancer and is usually developed from MDS, though not all the time. It can take years after initial exposure for AML to appear, and it is very difficult to treat. The result is leukemia.

Does The California Worker’s Compensation Program Cover Benzene Injuries?
If your benzene illness occurred at work while you were performing your job duties, it will be covered. It is critical that you seek medical care if you even suspect that you were exposed for a brief period of time. It is also essential that you maintain the safety standards set, as well as being in the habit of maintaining the safety equipment you use. Benzene is extremely dangerous at any amount. Many think it isn’t as dangerous as it actually is because of how many products it is used in. That is simply incorrect.

The Benefits Provided By The Worker’s Compensation For Benzene Injuries
Below is a brief list of the key benefits provided by worker’s compensation to employees of California based companies. This is not an exhaustive list of every benefit offered. The benefits are designed to address challenges when dealing with workplace injuries and illnesses. The coverage provides the following:

• A total of 1 million dollars for payment of all medical expenses that are related to your diagnosis and treatment of your exposure, per incident
• 66% of regular weekly earnings are paid if the injuries do not permit you to work during treatment or if you find yourself hospitalized in the short term
• Disability payments should be provided if your injuries result in any restrictions that will reduce or even eliminate your earnings in the future
• A death benefit up to $320,000 for your dependents. The total amount varies and is determined using the number of dependents
• A lump sum of up to $10,000 for final arrangements in cases of death

Filing A Claim For The Worker’s Compensation Death Benefit For A Family Member
Dependents of the deceased can file for a death benefit with the worker’s compensation insurance program in the State of California. They are the only ones who are eligible to receive the death benefit. There is a one year time limit to file, and that time limit starts on the day of the death of your loved one.

Dependents are defined as either total or partial in relationship to the deceased. Total dependents are typically fully dependent financially on the deceased and do not have to prove this dependency. They are:

• A surviving spouse or domestic partner who is registered whose earnings in the previous 12 months were less than $30,000 total
• Your children under the age of 18
• Children of any age who cannot earn a living because they are mentally or physically incapacitated

Partial dependents are other relatives who were only partly financially reliant on the deceased when they passed away. Partial dependents must provide documentation that proves the financial dependency. Examples of partial dependents are:

• Any surviving spouse or domestic partner who is registered whose earnings in the previous 12 months were greater than $30,000 total
• Any children over the age of 18, including stepchildren or any adopted children
• The deceased family member’s parents or grandparents
• Any other extended family members, like parents, brothers, sisters, aunts, uncles, or grandchildren

Can My Employer Be Sued If I Get Sick From Benzene?
Under normal circumstances, employees who are hurt at work are unable to sue their employer. The worker’s comp program is considered an exclusive remedy for all workplace injuries and benefits. This means that negligence on the part of the company does not need to be proven in order to qualify for benefits. The exception to this is when gross negligence by the employer can be shown to have caused the accident or created the hazard. Your benzene exposure lawyer in Fresno will assess your case and review if you have a case where gross negligence applies. You are not allowed to sue for damages that have been received from worker’s compensation. Examples like your medical bills or lost wages would fall into that category. What you can sue for is the missing 34% of that income, any pain and suffering, and loss of personal equipment, as well as other costs.

Can My Family Sue For Wrongful Death After Receiving The Worker’s Compensation Death Benefit?
Yes, a family can sue for wrongful death, but similar to an employee bringing suit, only in the case of gross negligence if the target of the suit is your employer. They can direct a lawsuit at a 3rd party whose actions led to the passing of a loved one as well. The family is restricted to the same rules that surround every wrongful death lawsuit. The most significant of these rules is that the lawsuit can only be filed by surviving immediate family members. That list includes the following:

• Surviving spouse or domestic partner of the deceased
• A former spouse or domestic partner who files on behalf of your minor child, who is dependent on financial support from the deceased
• The surviving children of the deceased

Also similar to the rules around personal injury lawsuits, they cannot sue for benefits they may have already received from other insurance, including worker’s compensation.

What Are The Upfront Expenses To Get Representation?
When you contact Kenmore Law Group for assistance or representation, we will not require you to pay any upfront legal fees before we begin working with you or filing a lawsuit on your behalf. If we fail to win your case, you will not incur any charges. Please get in touch with Kenmore Law Group when you need a benzene exposure lawyer in Fresno.