At Maison Law Accident & Injury Lawyers of Modesto, we provide strong representation for workers hurt on the job after they’ve been exposed to harmful substances. We demand the maximum in recovery support for victims. Victims and their families should contact a skilled Workers’ Compensation lawyer and schedule a free consultation. It’s a no-risk way to determine what your injury or illness is worth and how to hold an employer responsible.
Do I Need a Lawyer for My Workers’ Compensation Claim?
The California Department of Industrial Relations (DIR) explains that victims may benefit from being represented by a lawyer if they feel their employer is treating them unfairly. The Department also recommends having a lawyer if the victim has suffered a permanent physical disability due to a workplace accident.
Victims may also want to consult a lawyer in these situations:
- If an employer and the employer’s Workers’ Comp insurance provider aren’t taking the victim’s injury seriously
- If victims don’t feel they’ll earn enough in support alone and want to earn more
- If Workers’ Comp insurance providers are trying to discredit the victim’s accident to avoid having to take financial responsibility
- If a victim must present a case to a Workers’ Compensation judge
A skilled Modesto Workers’ Compensation Lawyer investigates your case and collects all evidence to protect you from these shady tactics.
Harmful Substances Dangers in Modesto Workplaces
Modesto employees are sometimes asked to work in cluttered warehouses, use heavy machinery and tools, and drive heavy vehicles. These workplace dangers are easy to spot, but some risks around the office or on a job site come in the form of hazardous fumes. The sources can lie behind walls and in the ground.
Employers running farms, construction sites, and other businesses have a legal duty to provide safe work environments for their workers. That includes protecting them from hazardous substances and toxic work materials.
Owners and operators can be responsible when victims are hurt, but not everyone gets the same level of assistance from Workers’ Compensation. Sometimes workers can face their medical bills and income loss alone.
These are just a few of the industries that commonly see workers suffer health issues due to exposure to dangerous substances:
- Factory, Packing Plant, and Processing Plan Workers
- Agricultural workers
- Miners and Loggers
- Construction workers
- Warehouse Employees
- Aerospace Workers
- Pilots
- Military Personnel
- Physicians and Nurses
- Garbage Collectors
- Law Enforcement and Emergency Responders (etc., Firefighters)
Illnesses Associated with Hazardous Workplace Substances
Agricultural workers may be asked to put down unsafe fertilizer without proper breathing masks. They can end up getting sick and developing cancers.
Office workers may not realize they are in a building with asbestos in the ceiling until coworkers begin getting sick. Cleaning agents used in other professions might cause skin damage. Workers may be exposed to known carcinogens like benzene and vinyl chloride without even knowing it.
Maison Law Accident & Injury Lawyers of Modesto wants to seek justice for affected workers through California’s Workers’ Comp system.
These are just a few of the dangerous illnesses and injuries that workers may end up needing support to beat:
- Cancers including lung cancer, leukemia, mesothelioma, brain cancer
- Respiratory illnesses like asthma
- Silicosis
- Birth defects in babies born to female employees exposed to these substances
- Brain damage
- Heart, liver, kidney, and other organ damage
- Chemical burns on skin
Some victims suffer immediate symptoms after exposure. Others develop life-threatening illnesses over time. A Modesto Workers’ Hazardous Substances Compensation Attorney works on behalf of patients while allowing them time to recover as much as possible. An attorney handles the interactions with The California Division of Workers’ Compensation. An attorney also takes on the frustrating back and forth with Workers’ Compensation insurance adjusters and demands the most possible for victims and their families.
Earning Support for Workers Made Sick By Harmful Substances
The State’s Department of Industrial Relations (DIR) Injured Worker’s Handbook goes over the types of support victims can receive while recovering from exposure to a harmful substance on the job.
Your attorney would seek these benefits and more for you and your family:
- Support to pay all hospital bills
- Replacement for a percentage of the paychecks you’ve lost
- Longterm support if you develop a permanent physical disability
- Money to go towards education and training for a new career if you can’t return to your former job
- Death benefits to help families get buy after losing a loved one to a workplace accident and the income that may have supported family members
Can I Sue My Employer to Secure More in Injury Support?
Yes. Victims can sue their employers in some situations.
In most cases, Workers’ Compensation will be the only support victims can count on. However, if an employer acted grossly negligent a lawsuit might be successful.
Workers would need to prove their employer was dangerously reckless with regard to safety. A lawsuit may prove that an employer knew of a harmful substance risk, but didn’t disclose it to employees. A lawyer can help you determine if you should take your employer to court.
Union Workers’ and Workers’ Compensation Benefits
Yes. Union members still file Workers’ Compensation claims after they’ve been injured. They also receive added benefits according to the labor agreements they are working under.
Union members may get a higher percentage of their weekly paycheck while they are healing and can’t work. They also receive stronger protections against losing their jobs after an injury.
A Modesto Workers’ Compensation Lawyer can represent injured Union employees and work to get them more in support. Our skilled lawyers would also make sure employers followed labor agreements and provided all additional benefits that were due.
Is there a deadline for telling my boss about a workplace injury?
Yes. You must inform your manager or the company owner within a month of your injury. Alert them as soon as you can. If you wait, your case may be rejected and you won’t receive help with your medical costs.
Frequently Asked Questions
How long can I wait to inform California Workers’ Compensation of my injury?
Victims can file a Workers’ Comp claim up to a year from the date of the accident. If a victim doesn’t know about the injury until later, the one-year countdown would begin on the date the injury was discovered.
Can undocumented workers receive Workers’ Compensation benefits in California?
Yes, their citizenship status doesn’t matter. California also prohibits employers from threatening or intimidating undocumented workers because they have reported an injury. A Modesto Workers’ Compensation Attorney will work to get those workers full benefits. Our lawyers also take quick legal action if employers try to intimidate or threaten a worker for reporting an injury. This behavior is illegal.
What If I Don’t Have Any Money to Pay a Workers’ Compensation Lawyer?
Keep in mind, that you don’t have any savings to afford powerful legal representation. If you need our help earning what’s fair, we don’t get paid unless we win your case for you. Then our pay comes out of the settlement check an at-fault driver’s car insurer must pay you.
Can a lawyer help me with my QME examination?
Yes. The Workers’ Compensation Insurer your employer pays into is permited to have a doctor examine your injuries or illness. This doctor is called a Qualified Medical Evaluator (QME). Your attorney can help you prepare for the uncomfortable questions you may face. Your lawyer can also dispute the selection of the insurer’s QME choice and request a different examiner, known as an Agreed Medical Evaluator (AME).
Contact a Modesto Workers’ Compensation Hazardous Substance Injury Attorney
Contact Maison Law Accident & Injury Lawyers of Modesto to schedule a free, confidential consultation with a real Modesto Workers’ Compensation Lawyer. We also protect victims from across Stanislaus County. We want to hear what happened to you and work on a plan to earn you the support you need.
We’re going to answer your questions and make sure you are prepared for the tactics you’ll face so you don’t forfeit valuable support. You’ll know the level of support you should expect for your injury or illness before an insurance adjuster tries to convince you it’s worth nothing at all.