How to know if you are eligible for worker's compensation

By Michael Bartlett

Posted on April 13th, 2021

If you came to struggle with a disease as a result of toxic exposure that occurred while you were performing your job, you may be eligible for worker's compensation, a benefit that some employers offer to cover the medical expenses of the injured person. A lawyer can help you obtain worker's compensation from your employer.

In the United States, employees who come to struggle with a disease as a consequence of occupational toxic exposure are nearly always entitled to worker's compensation, which covers the cost of their medical expenses. However, in addition to this benefit, they are also eligible for filing a toxic exposure claim with the companies whose dangerous products they were in direct contact with. Unfortunately, in some cases, such as when the toxic agent is asbestos, people can no longer receive worker's compensation, as the diseases that develop as a result of asbestos exposure take between 20 and 50 years to develop, which means that the person will no longer be employed at the liable company by the time they receive their diagnosis. On the bright side, there are other cases in which a disease occurs within several months to several years from the moment of the exposure to a toxic agent, which means that the employee can still claim worker's compensation.

What are the circumstances under which you cannot receive worker's compensation?

If you intend to seek worker's compensation from your employer because you came to struggle with a disease as a consequence of toxic exposure, you need to keep in mind that there are some circumstances that will exempt you from receiving this benefit. The following situations disqualify you from obtaining worker's compensation if you developed a disease as a result of occupational toxic exposure:

  • if you were breaking a rule: if you were acting in a way that violates the policy of the company or if you were committing a crime while you were exposed to the toxic agent, you are no longer eligible for worker's compensation
  • if you were not actually at work: there are many cases in which it is unclear whether the injured person is eligible for worker's compensation, but the law states that you are not entitled to this benefit if your toxic exposure occurred when you were running errands for your employer, if you were traveling for work, if you were injured during leisure time or while you were on a business trip or if you were driving through a danger zone such as a blast zone or a construction site to get to your job
  • if you were intoxicated: if you were intoxicated due to alcohol or drug use during the time that toxic exposure occurred, you are not eligible for worker's compensation

Nevertheless, even if you are aware of these exceptions, you may still be unsure with regard to whether you are entitled to worker's compensation, which is why we strongly encourage you to reach out to our skillful attorneys to find out if you are eligible for this benefit, as each case is unique. Only a lawyer with vast experience in toxic exposure can tell you with certainty, after carefully and thoroughly assessing your circumstances, if you are eligible for worker's compensation, as well as for other benefits you can access if you developed a disease as a result of occupational toxic exposure.

What to do if you were injured by toxic agents on the job

In the regrettable event that you came to struggle with a health problem as a consequence of workplace toxic exposure, it is essential to contact a lawyer whose main area of practice is toxic exposure as soon as you receive your diagnosis. They will be able to guide you through all the necessary steps of the legal process in order to receive fair compensation for your suffering both from your employer and from the manufacturers of the hazardous products or chemicals you were exposed to. Working with a specialized attorney is crucial, as they have the knowledge and resources to help you determine for which financial benefits you are eligible if you are a victim of toxic exposure. A collaboration with a lawyer whose main area of practice is toxic exposure has numerous benefits, such as:

  • they will be able to tell you with certainty whether you qualify for worker's compensation and other financial benefits
  • their legal team will gather pertinent evidence for you to support the causal relation between your exposure to occupational toxic agents and your diagnosis
  • they will speed up the process of recovering worker's compensation for you, as they have the necessary knowledge and resources
  • their legal team will take care of most documents on your behalf so that you can continue focusing on your health and treatment

If you were exposed to one or multiple toxic agents on the job and developed a related disease, you are eligible for worker's compensation in the majority of states. With over 25 years of experience in pursuing compensation on behalf of victims of toxic exposure, our legal team will go to great lengths to obtain the most favorable outcome for your case if you are a worker injured by toxic exposure. Some of the most common toxic agents on the job are the following:

  • benzene
  • asbestos
  • silica
  • wood dust
  • diesel fumes
  • noise
  • solvents
  • nylon fibers
  • formaldehyde
  • mercury
  • lead
  • PFAS
  • polychlorinated biphenyls
  • glyphosate
  • paraquat
  • methylene chloride
  • perchloroethylene
  • arsenic
  • cadmium
  • trichloroethylene

Usually, people are exposed to multiple toxic agents on the job, which places them at great risk of developing a related disease. To recover worker's compensation, as well as financial compensation from the responsible companies, we advise you to contact our law firm, as our main area of practice is toxic exposure and we can thereby help you obtain the money you deserve for your physical and emotional suffering.

Quality legal assistance for victims of toxic exposure

Our law firm specializes in toxic exposure and we are ready to provide you with quality legal assistance in recovering both worker's compensation and financial compensation from the companies whose hazardous products or agents you were exposed to. We will file a toxic exposure claim on your behalf, which will result in the maximum compensation available for your diagnosis, as our legal experts will gather solid evidence for you to accompany your claim.

Because we know that numerous people who are struggling with serious diseases such as cancer as a consequence of occupational toxic exposure have financial difficulties, we will expedite your claim so that you can benefit from the money you are entitled to within the shortest time possible. It is important to know that working with our legal team is free of charge unless we recover compensation for you, as we operate on a contingency fee basis.