Unfortunately, work-related illnesses and injuries are a fact of life for thousands of employees every year. Even those who earn a living in seemingly safe occupations may be exposed to dangerous situations as a consequence of their job.
A common example of this involves exposure to dangerous and toxic chemicals. These substances can cause physical injuries or illnesses that only become apparent over time. In these situations, you are entitled to seek out payments through workers’ compensation insurance claims and civil litigation. A Flowery Branch toxic chemical exposure lawyer could take the lead in investigating the cause of your losses and holding negligent employers responsible for their failures to keep you safe. Call the experienced attorneys at Smith Hulsey today to get started.
The law in Flowery Branch and across the state requires business owners with at least three employees to obtain a workers’ compensation insurance policy. These policies can provide benefits in the form of medical care and partial wage reimbursement in the event that an employee suffers an illness or injury while on the job.
However, just because these plans are in place does not mean that a worker will receive full benefits. An employer or the insurance company may contest the facts that led to an injury. They could also question the link between doing one’s job and a diagnosis that a doctor attributes to toxic chemical exposure.
All parties who receive a denial for a workers’ compensation claim or believe that a benefits package is insufficient for their needs have the right to pursue an appeal. A Flowery Branch toxic chemical exposure attorney could help pursue these appeals. This includes connecting a medical diagnosis to chemical exposure and showing how that exposure has impacted a person’s life.
In most situations, experiencing an illness or injury while on the job limits an employee to the benefits available under a workers’ compensation claim. However, this is not always the case. When an employer is so small that they do not need to have a workers’ compensation policy under state law, that employer is directly liable for any workplace injuries or illnesses. Here, a Flowery Branch attorney could help pursue a toxic chemical exposure case based on the fact that a worker suffered harm of this nature while doing their job.
Even if an employer has a workers’ compensation policy, this does not provide complete immunity. If the exposure to toxic chemicals resulted from gross negligence, affected workers could still file lawsuits seeking compensation for their losses. These cases could demand payments for lost wages and quality of life beyond the basic protections available under a workers’ compensation claim.
The Official Code of Georgia Annotated § 9-3-33 declares that people must bring these cases to court no more than two years after the date of injury. This applies even if a person is waiting for the outcome of a workers’ compensation claim. Because of this, it is best to explore one’s legal options as soon as possible.
Exposure to toxic chemicals at your place of work can result in a variety of injuries and illnesses. Burns, lung damage, and even the development of cancer are all common consequences of these dangerous situations. Workplaces have an obligation to keep you safe and may attempt to limit their liability through a workers’ compensation insurance policy. However, in situations where their gross negligence resulted in your losses, they may still be directly liable.
A Flowery Branch toxic chemical exposure lawyer could help you pursue the compensation you deserve. This can include appealing a workers’ compensation denial or demanding that an employer provide direct compensation. There may be a limited time to act, so do not hesitate to contact Smith Hulsey today.
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