Chemical Exposure: WHAT WORKERS COMPENSATION COVERS
Does your job involve working with toxic chemicals? Are you going through symptoms of chemical exposure? You should file for a workers compensation benefits claim. If you are in Florida, our expert workers compensation lawyer can help you. Call us now for a free consultation.
According to a 2018 UN report, a worker dies from chemical exposure every 30 seconds around the world. In the US, chemical exposure is one of the leading causes of workplace fatalities.
Even if your job doesn’t involve working directly with toxic substances, you can still be in danger. Fumes and molds can harm your body too, particularly those suffering from asthma and other allergies. A poorly installed or maintained air conditioning unit can also be a health hazard over time.
In Florida, injured workers can claim for workers compensation no matter whose fault the injury is. Thus, victims of chemical exposure can get benefits as long as they can prove that they got it from their workplaces.
Workers Prone to Chemical Exposure
Workers whose job entails constant contact with toxic chemicals are at a higher risk of suffering from chemical exposure. The absence of safety precautions in the workplace further raises the risk for them. Employees prone to chemical exposure include:
- agricultural workers
- chemical plant workers
- construction workers
- oil refinery workers
- aerospace engineers
- flock workers
- health care workers
- make-up artists
- pest controllers and fumigators
Difficulty of Proving
It’s common knowledge that filing for workers compensation benefits is an uphill battle. No employer or insurance company would willingly pay for the benefits of an injured worker. Even those who got involved in workplace accidents witnessed by hundreds of people find it hard to claim for workers comp benefits.
Meanwhile, most chemical exposure cases in the workplace did not happen by accident but developed over time. So it’s not a surprise that claims arising from such are even more difficult to prove.
Even though state laws allow for workers compensation regardless of fault, it requires that you got your medical condition while doing your job. This means that the employee has to prove that:
- there is a presence of a toxic substance in the workplace
- the said chemical caused the medical condition
- the chemical exposure happened at the workplace
Workers Compensation Options
Like most workplace injuries, chemical exposure victims can claim for workers compensation depending on the severity of their condition and how it affects their capacity to do work.
If their illness is expected to last for a year or more, they can claim for permanent partial or total disability. If they’re expected to make a full recovery in less than a year, they’re eligible for temporary partial or total disability.
In Florida, workers suffering from a condition caused by chemical exposure are usually eligible for medical reimbursement and compensation for lost wages.
How We Can Help
We are the leading workers compensation law firm in Florida. Our preeminent lawyer, Victor Malca, had been helping injured workers in Florida for more than two decades. Those he’s helped can attest that he personally goes out of his way to know everything about his client’s medical condition.
We can help you throughout the entire process. From preparing the necessary documents to taking your case in court, we got you covered. Call us now for a free consultation.