Benzene Exposure Lawyer In San Diego

California is the most populous state in America, with more than 38 million residents. It is no surprise that with the geographical size of the state and the widely varied industries that have facilities here, there are large numbers of worker’s compensation cases filed each year. Everyone knows about the normal issues that employees face when it comes to hazards at work. There is a risk that people rarely think about, and it is a hazard that is extremely dangerous. Benzene exposure and poisoning are the hazards.  It is a commonly used liquid in various manufacturing processes, and many consumer products contain it in their ingredients. Occupational Safety and Health (OSHA) approved setting the benzene permissible exposure limit to 1 part per million. It is unlikely that consumer product exposure or consumption can cause significant illness. Benzene is a known carcinogen, and there are quite a few risks of sickness and illness from repeated exposure, as well as cancer and death.

If you are an employee working around benzene, there is a chance of serious workplace illness and injury if you are exposed acutely or chronically. Industries like chemical manufacturing, as well as natural gas extraction, are heavy users of benzene. You can also be exposed if your job puts you around car exhaust, large amounts of 2nd hand smoke, and natural gas leaks. You need to be sure you are being as careful as you can be when working around sources of benzene. This is critical because you are likely to be questioned about the exposure after filing a worker’s compensation case in the State of California.

Situational awareness is a critical skill if you work in a job that has dangerous hazards. If you are injured or get ill, employees of California based companies are covered by the worker’s compensation program. If you have been hurt at work, do not wait to contact the Kenmore Law Group. We can help you by answering any questions you have. It doesn’t matter what the questions are about. If your first call to one of our staff doesn’t completely answer your questions, we will schedule a free initial consultation with one of our benzene exposure lawyers in San Diego to get all the details of your incident and illness. One critical note you should know immediately is the amount of time you have to get a claim opened with worker’s compensation.

What Are The Time Limits For Filing A Worker’s Compensation Claim In California?
Thirty days is your standard time limit for filing a case with the worker’s compensation program for most workplace injuries. When it comes to benzene exposure or poisoning, there are some different time limits depending on the details of your claim. Please reach out to the Kenmore Law Group staff immediately to get the help to open your claim before any deadline. If you wait longer than 30 days to open your claim, it may be denied based on the particulars of the incident and illness. The 30-day window is a usually a pretty firm time limit and one exception to it deals with cumulative trauma.

What Is The Difference Between Benzene Exposure and Benzene Poisoning?
In very basic terms, poisoning is considered an acute case. What this means is that you were briefly exposed to a large amount of benzene and absorbed it into your system in a very short period of time. Your symptoms are usually confined to some dizziness and headaches, as well as some mild nausea and vomiting. Prolonged acute poisoning can lead to unconsciousness.

Benzene exposure occurs in very small amounts over a long period of time. These symptoms might be similar in appearance but are different from acute poisoning. They can result in different types of blood disorders like leukemia, damage to your bone marrow, as well as suppression of your immune system. The resulting injuries become diseases like Myelodysplastic Syndrome (MDS) or Acute Myelogenous Leukemia (AML). The result could be cancer. Benzene exposure is still covered by worker’s compensation, though with a significant difference. The cause and time limit differences fall under what is called cumulative trauma.

What Does Cumulative Trauma Mean For A Workplace Injury?
Injuries that happen over an extended period of time can be judged to be the result of cumulative trauma. As mentioned above, this kind of injury is still eligible for treatment under worker’s compensation. Still, the time limit for an illness diagnosed as a result of cumulative trauma is 1 year from the date of the first day of work you missed. Kenmore Law Group is ready to help you get your claim filed with worker’s compensation insurance to take advantage of the benefits you are entitled to.

What Are MDS and AML?
MDS and AML are both forms of blood cancer. MDS affects your bone marrow, damaging your DNA in the stem cell production in your marrow. It is usually slow-moving, and there are treatments available to help you deal with it. AML is a more aggressive form of the cancer and is generally developed from MDS, though not all the time. It can take years after initial exposure for AML to appear, and it is difficult to treat.

Will The California Worker’s Compensation Program Cover Benzene Exposure Or Poisoning?
If your benzene exposure occurred while doing your job at work, the answer is yes, it will be covered. It is critical that you followed all the safety protocols to avoid the exposure. It is very important that you seek medical care if you even suspect that you were exposed for a brief period of time. It is also vital that you maintain the safety standards set, as well as continually monitor your safety equipment to ensure its effectiveness. Benzene is extremely dangerous, despite how many products it is used in, and is used on a daily basis.

What Are The Benefits Provided By The Worker’s Compensation For Benzene Poisoning and Exposure?
Below is a short list of the important benefits offered by worker’s comp when you are employed by any California based company. It is not a complete list, but these are the key benefits and coverages. It is designed to handle many of the challenges that someone might find when handling significant workplace injuries and illnesses. The coverage offers:

• 100% payment or reimbursement of all your medical expenses that are related to your diagnosis and treatment of your exposure, with a maximum of 1 million dollars per incident for ongoing care
• 66% of your regular weekly earnings will be paid to you if your 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 of up to $320,000 for your dependents. The total is dependent on the number of dependents and must be filed for within one year of your death
• A lump sum of $10,000 for the costs of the funeral or cremation

Who Can File A Claim For The Worker’s Compensation Death Benefit?
The only people who can file for a death benefit with the worker’s compensation insurance program in the State of California are dependents of the deceased. 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 the dependency. The examples are:

• A surviving spouse or domestic partner who is registered whose earnings in the previous 12 months are not greater than $30,000.00
• Children under the age of 18
• Children of any age unable to earn a living due to being mentally or physically incapacitated

Partial dependents include other relatives who were partly dependent financially on the deceased when they died. Partial dependents must provide documentation that shows the dependency financially. Examples of partial dependents include:

• A surviving spouse or domestic partner who is registered whose earnings in the previous 12 months are more than $30,000.00
• Children over the age of 18, including adopted children or stepchildren
• The deceased family member’s parents or grandparents
• Other extended family members, like brothers, sisters, grandparents, aunts, uncles, or grandchildren

Can I Sue My Employer If I Get Benzene Poisoning Or Exposure?
Any employee who is hurt at work and doing their job is normally restricted to only seeking financial help from the California worker’s comp program. The program is considered an exclusive remedy for all workplace injuries and benefits. This means that negligence of any type does not need to be proven to receive coverage. The exception to this rule is when gross negligence by the employer resulted in the harm of the employee. The benzene exposure lawyer in San Diego at Kenmore Law Group will review your case details and advise you if they believe you have a case where gross negligence applies to the situation that led to your injury.

If gross negligence is suspected and can be proven, you are allowed to file a personal injury lawsuit against the entity that is responsible. If proven and won, the court will award damages. You cannot sue for damages received from worker’s compensation. Examples like your medical bills or lost wages that you have already received from worker’s compensation cannot be sued for again. What you can sue for is the missing 34% of your income, pain and suffering, and loss of personal equipment.

Can My Family Sue My Company For Wrongful Death?
Yes, a family can sue for wrongful death, but similar to an employee bringing suit, only in the case of gross negligence. They can direct a lawsuit at a 3rd party whose actions led to the passing of a loved one as well. They are also restricted to the same rules that surround any wrongful death lawsuit. In California, the lawsuit can only be filed by any surviving immediate family members. This includes:

• The surviving spouse or domestic partner of the deceased
• A former spouse or domestic partner who is filing on behalf of a minor child who was dependent on financial support from the deceased
• The surviving children of the deceased

Similar to the rules surrounding personal injury lawsuits, they cannot sue for benefits they may have already received.

The Kenmore Law Group Policy On Upfront Expenses
When you hire a Kenmore Law Group benzene exposure lawyer in San Diego, we will not ask you for any upfront legal fees before we work on your claim or litigate your case. If we fail to win your case, you will not be billed by Kenmore Law Group either. Please get in touch with Kenmore Law Group about any questions or concerns you have.