People are exposed to harmful substances every day. Workplace settings such as the following may increase the chance of exposure for many workers.
- Construction sites
- Warehouses
- Manufacturing facilities
- Transportation services
- Agricultural work
- Cleaning service locations
- Other industrial workplaces
When workers are exposed to harmful chemicals, they may face various health concerns and issues in the future. Although workers’ compensation benefits may offer some assistance, oftentimes, independent contractors and gig workers can face other struggles. If you know someone who is an independent contractor, freelancer, or gig worker and has been exposed to toxic chemicals at work, understanding your rights and responsibilities may help you maintain your health moving forward.
Understanding Toxic Exposure in the Workplace
Individuals who are exposed to toxic chemicals regularly may suffer from injuries and health concerns later on. The following are ways that exposure to these harmful substances can occur.
- Inhalation
- Contact with the skin
- Accidental ingestion
- Environmental exposure for long periods of time
In addition, the following are workplace hazards that are most common in relation to toxic exposure.
- Asbestos
- Silica dust
- Lead
- Industrial solvents
- Diesel exhaust
- Welding fumes
- Mold
- Pesticides
- Chemical cleaning products
- Heavy metals
- Toxic smoke and chemicals from fires
- Industrial gases
Common Illnesses Associated with Toxic Exposure
Individuals who may be exposed to harmful chemicals at work may also deal with severe or life-threatening illnesses. These health conditions may include but are not limited to the following.
- Respiratory illnesses
- Occupational asthma
- Chronic lung disease
- Chemical burns
- Neurological disorders
- Skin conditions
- Certain cancers
- Organ damage
- Reproductive health complications
Why Independent Contractors May Face Additional Challenges
Independent contractors may have different requirements when it comes to California’s workers’ compensation benefits. These individuals may not automatically qualify for workers’ compensation benefits the same way that employees who have become injured on the job can. The following are cases where individuals would be classified as independent contractors.
- Delivery drivers
- Certain truck drivers
- Freelance construction workers
- Consultants
- Independent maintenance workers
- Rideshare drivers (in some cases)
- Freelance photographers or videographers
- Independent cleaners
When Claims Outside Workers' Compensation May Be Available
Negligent Third Parties
When an individual is exposed to another company that may have inadequately handled harmful chemicals, they may be able to hold that party accountable for the damage that has occurred afterwards. The following are potential examples of this.
- Improper chemical storage
- Failure to contain asbestos
- Unsafe demolition practices
- Inadequate ventilation
- Failure to warn about known hazards
Defective Products
Defective products in the workplace may be extremely serious and ultimately cause individuals to become exposed to harmful chemicals. Some of these may include:
- Faulty respirators
- Defective chemical containers
- Malfunctioning protective equipment
- Dangerous industrial machinery
Establishing a Toxic Exposure Claim
Establishing a toxic exposure claim may be complicated and challenging for many individuals who are already going through a difficult time. The following evidence may become important in an individual's personal injury claim.
- Medical records
- Physician evaluations
- Employment records
- Contractor agreements
- Worksite photographs
- Environmental testing
- Safety inspection reports
- Witness statements
- Exposure histories
- Industrial hygiene reports
Employment Classification May Affect Legal Rights
It is important for individuals to understand that employment classification disputes may occur. During these instances, an independent contractor may state that they should have been treated as an employee under California law. In some circumstances, it is possible for these workers to have been misclassified. If that is the case, then different legal rights may be granted to that individual.
Time Limits May Apply
California law requires certain time limits and deadlines for filing claims. These are often known as statutes of limitations and can become extremely challenging, especially for individuals and families who may already be going through a difficult time. Understanding these deadlines is crucial to making sure you are able to move forward with the legal process as smoothly as possible.
Legal Guidance
When an individual has been exposed to harmful chemicals while performing job tasks and duties, they may be faced with severe or life-threatening illnesses in the future. The diseases that follow may disrupt the overall path of one’s life, causing immense harm and challenges for individuals and families. Victims who have been exposed to harmful substances at work may benefit from seeking legal guidance and support from a qualified personal injury attorney to better understand their rights and responsibilities moving forward. An attorney may review the following to help individuals build a case and receive compensation for the harm caused.
- Review your case
- Speak to insurance companies
- Provide guidance and legal support through every stage of the legal process
- Help victims understand their rights and responsibilities
In addition, obtaining legal guidance can ultimately help individuals understand how specific California laws may apply and become beneficial to their personal injury case.
How KAASS LAW Can Help
Toxic exposure cases are oftentimes very challenging and complicated. These claims may require multiple pieces of evidence, documentation, and reports to understand the complete nature of how the exposure occurred. The following individuals may face additional challenges regarding employment classification, product liability, or third-party responsibility when dealing with the aftermath of toxic exposure in the workplace.
- Freelancers
- Independent contractors
- Gig workers
This is because these individuals listed above may not automatically qualify for California’s workers’ compensation benefits. If you or someone you know has been exposed to harmful chemicals at work, it may be important to seek the support and assistance of an experienced personal injury attorney, who can better understand the legal process moving forward.
KAASS LAW is ready to help individuals and families who have been exposed to toxic chemicals at work understand their rights regarding their personal injury case. Our legal team can help victims communicate with insurance companies in addition to providing guidance on the best ways to proceed. Contact KAASS LAW today to learn more.