Companies that use chemicals for industrial purposes are mostly regulated and have strict sets of rules. When leaked or not utilized correctly, these chemicals can be incredibly harmful to the environment and people. Safety precautions are crucial when it comes to individuals and businesses that handle harsh chemicals.
If you are exposed to toxic chemicals on a daily basis at work, it is very important that your employer takes all necessary steps to ensure your safety. You could face significant hardships if they fail to do so.
Even when an employer is not negligent, there are still ways you can be exposed to harmful chemicals in the workplace. Perhaps you were handling dangerous chemicals while the safety equipment was defective and failed to offer adequate protection as a result.
If you have been exposed to toxic chemicals in the workplace, you most likely deserve to be compensated for your losses. Review your case with a Brooklyn chemicals exposure attorney to learn more about your options.
Brooklyn Chemicals Exposure Cases: Essential Information
Various chemicals and materials can cause harm if employees are exposed to them. Examples include (but are not limited to):
- Fuel oil,
- Chemical fumes.
A number of laws and OSHA guidelines dictate how employers should treat such materials to minimize the risk to worker safety. If an employer fails to adhere to the applicable laws and guidelines, you may be harmed.
Brooklyn Chemicals Exposure Cases: Filing a Workers’ Compensation Claim
In New York, employers are required to have workers’ compensation insurance to cover potential losses employees may incur as a result of on-the-job accidents. Workers’ compensation might cover losses such as both past and future medical bills, lost wages, and loss of use of a body part.
There are certain barriers you may face when filing a workers’ compensation claim:
Proving your claim is valid
To prove your workers’ compensation claim is valid, you need to provide evidence that the incident was a true work-related accident. You must prove you were not intoxicated when the accident occurred, nor were you intentionally trying to harm yourself in hopes of a payout.
Your claim may not be approved if you are unable to meet the necessary criteria. Thus, it helps to coordinate with a personal injury law firm in Brooklyn when seeking workers’ compensation. Our attorneys can assist in collecting evidence showing your claim is valid, as well as provide legal advice as needed.
Even if your claim is approved, there is a chance it will be met with some pushback from the insurance company. Insurers may attempt to avoid paying what claimants deserve if they believe they can convince an injured party to accept a lower offer.
This is another reason to hire a personal injury lawyer in Brooklyn. Our skilled attorneys know how to properly negotiate with insurers. Their aggressive representation will optimize your chances of reaching an appropriate settlement.
Filing a workers’ compensation claim when you have been harmed as a result of exposure to toxic chemicals can be very tricky when compared to other types of workers’ compensation claims. This is because it is not uncommon for the consequences of chemical exposure to become apparent decades after the initial exposure occurred. By the time you notice any health issues, you may no longer be working for the employer who put you at risk.
It is technically possible in many cases to file a workers’ compensation claim even if you are no longer working for the employer associated with the claim. However, insurance companies are often more suspicious of such claims than they are of claims made by those still working for the company. Additionally, if you were exposed to harmful chemicals decades before you developed any symptoms, a thorough investigation will be necessary to prove that the incident occurred in the time and place you claim. Fortunately, at our chemicals exposure law firm in Brooklyn, we have access to the resources needed to conduct just such an investigation.
Third-Party Claims & Lawsuits in Brooklyn Chemicals Exposure Cases
The challenges of securing a fair payout when filing a workers’ compensation claim related to a Brooklyn chemicals exposure incident will not necessarily prevent you from reaching a settlement in the long run. However, it is worth noting that workers’ compensation may not cover pain and suffering or other such non-financial losses.
You may have other options if this happens. Remember, the fact that you were exposed to toxic chemicals in the workplace does not mean your employer was negligent. To return to a scenario mentioned earlier, perhaps you were exposed to toxic chemicals due to the manufacturers of your safety equipment overlooking a defect.
Along with filing a workers’ compensation claim, if you can show that you were exposed to chemicals as a result of another party’s negligence, you may also be able to file a claim against said party.
This is yet another reason why it is wise to hire a Brooklyn chemical exposure attorney. In order to seek compensation from a negligent third party, you need to know who that party is. We can investigate thoroughly to identify them.
Why You Should Let a Personal Injury Law Firm in Brooklyn Handle the Claims Process
Along with negotiating with insurers, pursuing the compensation you are likely entitled to can involve filing paperwork, gathering and presenting evidence, interviewing witnesses, and much more.
If you have been harmed as a result of exposure to toxic chemicals, you need to focus on your health rather than burden yourself with the claims process and paperwork. We will handle all those tasks on your behalf.
Why Choose Shulman & Hill?
At Shulman & Hill, we do not simply promise to deliver results. It is not fair for us to expect you to take our word for it when we say that we are qualified to handle your Brooklyn chemicals exposure case. Instead, we reference our numerous past successes, showing how we have already helped clients just like you secure the compensation to which they were entitled. To learn more, call us today at 212-221-1000 or schedule your free case evaluation online.