What is a Chemical Exposure Claim?
Chemical exposure injuries are one of the most common workplace hazards in America. The Occupational Safety and Health Administration (OSHA) explain it as “The process of being exposed to harmful or hazardous chemicals at the workplace.” These chemicals can be found in various workplaces, such as construction sites, factories, and farming. Some of these chemicals can cause harmful diseases like cancer.
The chemical exposure claims at work have always been around. It is, however, recently only that the scale of this dangerous problem is being recognized. The Occupational Safety and Health Administration estimates that over 300,000 people are experiencing work-related illnesses due to chemical exposure.
Chemical exposure claims are a significant concern for employers. However, there are ways to protect themselves and their employee from this type of injury.
Employers who have a good chemical safety policy and enforce it can manage their chemical exposure claims by preventing and controlling exposures such as protective gear.
In the United States, the Occupational Safety and Health Administration (OSHA) has set limits on how much of a particular chemical a worker can be exposed to during a given period. These limits are officially called Permissible Exposure Limits (PELs). The employer must provide information about these limits in an informational booklet called the Hazard Communication Standard Sheet. If you believe you have been exposed to hazardous substances at work, immediately get medical help. After receiving proper medical care and a medical report detailing your injury, file a Workers’ Compensation Claim through a Chemical Exposure Lawyer.
Three things you must know before filing a Chemical Exposure Lawsuit
1. The costs covered by a toxic exposure settlement:
A toxics liability claim may be relevant when workers are exposed to toxic substances at high concentrations for a short period or at low concentrations over a long period. A Chemical exposure compensation claim may include the cost of treating injuries immediately after exposure and any medical costs associated with future injuries. It also accounts for future disabilities that might prevent you from re-joining work.
2. The proof of burden fall on the victim
A “toxic offense” is a legal requirement for injury caused by exposure to a hazardous substance. As a condition of your lawsuit, you will need to prove that the chemical was harmful; that you were introduced to it, and that the responsible parties must be held accountable as it happened under their jurisdiction. While each case is unique, you will generally need to demonstrate that your injuries resulted from exposure. The most critical complaint factors are where the victim was injured and how the exposure happened. As collecting evidence and statement should be made under specific guidelines, we will advise hiring a Workers’ Compensation or Chemical Exposure Attorney to represent your case.
3. Statute of limitations
For all steps required to file a workers’ compensation claim, action deadlines begin on the date of injury. Under the state statute of limitations, you have two years to file a lawsuit from the date of injury for chemical injury cases.
How to file a Chemical Exposure Claim?
If you are injured due to exposure to a toxic substance, you must file a Workers’ Compensation Claim or a Personal Injury Claim to receive compensation for your injuries. If your employer is unlawfully uninsured and has an accident or illness at work, you can file a civil lawsuit against your employer besides filing a workers’ compensation claim.
After you have received your diagnosis, you should immediately inform your employer. Your employer will then provide you with the required paperwork to file your claim. It is advisable to seek professional help to file for a Chemical Exposure Claim due to its complex nature.
To file a chemical exposure lawsuit, the plaintiff must prove that they had been exposed to the hazardous chemical and that this exposure caused some form of injury. It is done through medical records and expert testimony.
Filing a chemical exposure is not easy, but some people specialize in it. Chemical Exposure Lawyers will help you file. Chemicals are present in nearly every workplace, and workers are routinely exposed to them without even realizing it, even at home (sometimes). Your Chemical Exposure Attorney can deal with the required material and your deserved compensation. At the same time, you focus on what’s more important, healing.
If you or your loved ones are victims of Chemical exposure at the workplace and are looking for legal advice, we at San Gabriel are here to help.
Contact experienced Chemical Exposure Attorneys from San Gabriel Workers’ Compensation and Personal Injury Lawyers to represent you and your claim.
Call (626) 602-9483 to book a free evaluation.