Benzene Exposure Lawyer In Los Angeles

The State of California, with a population of more than 38 million residents, is the largest state in the U.S.A. It is the third-largest in the nation in area, and a great many industries are represented here. California, as a base for manufacturing, is continuing to grow year over year. With the population and land area comes the unsurprising fact that there is also an every growing number of worker’s compensation cases filed each year, directly in proportion to the same numbers.

Most employees know what they might face when it comes to work hazards and the chances for injury on the job. There is one hazard that is rarely mentioned, though. It receives very little attention, and there are no annual statistics available to inform us about trends. This hazard is very dangerous, and it is benzene exposure. It is a commonly used liquid chemical in an astonishing number of different manufacturing processes, as well as a large number of consumer products that use it as an essential ingredient. It is unlikely that consumption of an over the counter product would cause an illness, but many people do not know that benzene is a carcinogen, and there is a potential for illness and disease from repeated exposure. The exposure or poisoning can and does result in cancer and death.

If you are working for a manufacturer that uses benzene in its production process, there is an opportunity for serious workplace injury if you are exposed to it. The number of products it is used in can be surprising. Over the counter items like makeup, paint thinner, adhesives, and cleaning products are just a few of them. Industries like chemical manufacturing, as well as natural gas extraction, are also using benzene. It is also around if your job has you working around car exhaust, 2nd hand smoke in places like casinos, and things like a natural gas leak in a home or neighborhood. You need to be extremely careful when working around known sources of benzene, focusing on the safety protocols that are being used. This is critical if you get exposed because there will be an investigation if it leads to filing a worker’s compensation claim.

Remaining highly aware of the work environment at all times is a crucial job skill when you work in any industry that has high-risk hazards. If you get injured at work, every employee of the California based companies are 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 the questions you have answered quickly when you call us. It makes no difference what your questions are or how many you have. If the first call to one of our legal team members doesn’t answer all your questions, we will schedule a free initial consultation for you with a benzene exposure lawyer in Los Angeles. They will get the details of your accident and resulting injury and get you on the right track. One thing you should know about the worker’s compensation system is the time limit for getting a claim opened with worker’s compensation.

What Is The Time Limit For Filing A Worker’s Compensation Claim In California?
The time limit for standard injury cases is 30 calendar days to file a claim with worker’s compensation insurance program. Illness from repeated exposure to benzene is going to have a different time limit, pending the details around your claim and injury. Please get in touch with the team at the Kenmore Law Group as soon as you have time. We can help you 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-day time period is firmly enforced, but there is an exception when dealing with cumulative trauma injuries.

What Is A Cumulative Trauma Workplace Injury?
Injuries that happen over a period of time can be diagnosed as being from cumulative trauma. As mentioned above, this type of injury is still eligible for coverage by worker’s compensation, and there is a different time limit for injuries resulting from cumulative trauma. If an illness is diagnosed as a result of cumulative trauma, it has a time limit of 1 year from the date of the first day of work you missed, rather than when the incident happened. The diagnosis has to be from a medical professional to get it approved.

The Difference Between Benzene Exposure and Benzene Poisoning
In basic terms, benzene poisoning is an exposure to benzene in a short period of time. The definition of acute is a large volume and a brief contact timeframe, and it gets absorbed into the person’s system in an equally short time period. The symptoms are typically limited to dizziness and headaches, as well as mild nausea and possibly vomiting. Prolonged acute poisoning can also lead to unconsciousness.

On the other end of the scale, benzene exposure is the exact opposite in most every comparison. It is defined as happening in very small amounts over a long period of time in a repeated fashion. These symptoms are often so mild that people sometimes do not notice any side effects at all. Over time, they result in different types of blood disorders, such as those caused by damage to your bone marrow, as well as suppression of your immune system. They result in diseases like Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML). These illnesses, at their worst, lead to cancer.

Understanding MDS And AML?
MDS and AML are different types of blood cancer. MDS is a result of damage to your bone marrow, with benzene damaging your DNA in stem cell production within your marrow. It is almost always slow moving and there are treatments available for it. AML is a much more aggressive form of cancer and is usually developed from MDS, though not always. It may take years after initial exposure for AML to appear, and it is extremely challenging when it comes to treatment.

Is Benzene Exposure And Poisoning Covered By The Worker’s Compensation Program?
If your benzene illness occurs at work while doing your job, then it will be covered by worker’s compensation. It is crucial that you get medical care if you suspect that you were exposed for a brief period of time. This is not only for treatment purposes, but to determine how the exposure happened and to prevent it from happening again. Part of the approach is that you strive to maintain the safety standards set, as well as being in the habit of continually checking the safety equipment you use. Benzene is very dangerous, regardless of the amount, if exposed in its raw form. Many think it isn’t as dangerous as it actually is because of how many products it is used in. This thought is simply wrong.
What Key Benefits Are Provided By The Worker’s Compensation For Benzene Injuries?
There are no specific benefits provided solely for benzene injuries. Below is a list of the key benefits provided by worker’s compensation to employees for any kind of injury, and includes death benefits as well. The insurance offers the following benefits and coverage:

• Per incident, a total value of $1 million for payment of medical expenses related to your diagnosis and treatment, including out of pocket expenses, medical equipment, and prescriptions
• 66% of your weekly earnings are paid if the injuries do not permit you to work during your recovery in the short term
• Disability payments should be provided if the injuries result in more extended periods of missed work, which will reduce or even eliminate your earnings in the future
• A death benefit with a value of up to $320,000 for surviving dependents. The total amount varies and is determined using the number of dependents and types
• A lump sum of up to $10,000 for final arrangements in cases of death

Who Can File A Claim For The Worker’s Compensation Death Benefits?
The dependents of the deceased are the only people who can legally file for death benefits with the worker’s compensation insurance program in the State of California. They are also the only individuals eligible to receive the death benefits. There is a one-year time limit to file for the benefits, and it begins on the day the family member passed.

Dependents are defined as total or partial in terms of eligibility for the death benefits. Total dependents are typically entirely dependent financially on the deceased and do not have to provide proof of this. They are:

• The surviving spouse or domestic partner who is registered whose earnings in the previous 12 months were less than $30,000 total
• Any children under the age of 18
• Children of any age who are physically or mentally unable to earn a living

Partial dependents are also relatives who were partly reliant on the deceased financially when they passed away. Partial dependents will be asked to provide documentation that proves the financial dependency. Examples of partial dependents are:

• The 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
• Other extended family members, like brothers, sisters, aunts, uncles, and grandchildren

Can I Sue My Company If I Am Injured At Work?
Typically, under regular circumstances, employees who are injured at work are not permitted to sue their employer. The worker’s comp program is 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. It covers the normal fault aspect of the incident and cannot be challenged. The exception to this is when gross negligence by the employer can be shown to have been responsible for the accident or the hazard through reckless behavior, decisions, or a desire to hurt the employee. Your benzene exposure lawyer in Los Angeles will assess your case and review if you have a situation where gross negligence might apply. If you do file a lawsuit, you are not allowed to sue for any costs that have been received from worker’s compensation. Examples like your medical bills or lost wages would fall under this description. What you could sue for is the missing 34% of that income, any pain and suffering, and loss of personal equipment, as well as other costs the legal team will help you determine.

Can My Family Sue For Wrongful Death After Receiving The Worker’s Compensation Death Benefit?
Your 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 the employer. The family can file a lawsuit naming a 3rd party whose actions led to or caused the passing of a loved one. A wrongful death lawsuit can only be filed by the immediate family.

• 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

Are There Upfront Expenses To Hire A Lawyer?
When you engage the Kenmore Law Group for assistance and representation, we will not require you to pay us any upfront legal fees before we take you on as a client. It doesn’t matter if we are representing you in negotiations or filing a lawsuit. If we fail to win your case, we will not charge you at all. Please give the Kenmore Law Group a call when you need to hire a benzene exposure lawyer in Los Angeles.