Some jobs require the use of or proximity to toxic chemicals. Whereas there are cases where an individual is exposed to harmful chemicals by accident or in other ways, there are too many cases where toxic chemical exposure happens due to the net negligence of a manager or employer. When there’s a chance of toxic chemical exposure within the work environment, the manager must give satisfactory and sensible assurance to their employees. Moreover, workers ought to be made aware of the hazard. Unfortunately, harmful chemical exposure frequently occurs within workers’ inopportune and unforeseen passing.
At Kaass Law, we understand how devastating it is to lose a loved one due to toxic chemical exposure at work. While nothing can compensate for this loss, a wrongful death claim can help family members recover as much as possible. If your family member died from toxic chemicals in the workplace, the toxic exposure attorneys at Kaass Law are here for you.
Toxic Chemical Exposure in the Workplace
The most common chemicals to which employees may be exposed are asbestos, mercury, lead, and benzene. Each can potentially cause fatal reactions, illnesses, or diseases. Other hazardous chemicals that can result in life-changing injuries include:
- Creosote
- Manganese
- Isocyanates,
- Sodium dioxide
- Chlorine dioxide
- Sulfur dioxide
- Beryllium
- Arsenic
- Tungsten
- Photoresists
Employer’s Negligence Resulted in Toxic Chemical Exposure
Employers must guarantee their employees get training on dealing with toxic substances in industries with chemical exposure hazards. Workers must moreover have satisfactory security equipment, such as eye goggles, gloves, and other protective gear. Any failure to do so may subject the employer to expanded risk. Surviving family members can look for compensation on their own, but there’s a chance that their claims will be denied. Moreover, most insurance companies and managers will do everything conceivable to decrease the payout to the employees ‘ families. As a result, it is vital to look for the counsel of an experienced wrongful death lawyer.
Who Can File a Wrongful Death Claim in California?
The following people can file a civil claim under California’s wrongful death claims statutes for personal injury damages. A domestic partner or the surviving companion of the decedent.
- The children of the deceased.
- Grandchildren of the decedent’s child.
If there are no surviving descendants of the deceased, anyone who qualifies under intestate succession may file a wrongful death claim. The deceased’s parents and siblings can also file a California wrongful death lawsuit. Individuals who demonstrate they depended financially on the victim may also seek compensation. These individuals or entities may include:
- A presumed spouse of the deceased
- Any children born to the presumed decedent’s spouse
- The parents of the deceased
- The deceased’s stepchildren
- A legal guardian may file a lawsuit if the elders are no longer alive.
Gather Evidence and Documentation.
Collecting evidence related to the accident or fatal injury can help you build a stronger claim for damages for the wrongful death of a loved one. This is surely something that a lawyer can assist you with. Thus, accident reports, medical records, lost wages, photographs from the scene, eyewitness accounts, and expert testimony can be evidence. After losing a loved one, document the incident as much as possible. Then, take what you discover to a California attorney for assistance in building a strong case.
When Can a Surviving Family Member File a Wrongful Death Claim?
Like most civil lawsuits, you must file wrongful death claims within a specific time frame. This is referred to as the statute of limitations. The statute of limitations allows for a two-year filing deadline. Through a professional attorney-client relationship, one of the wrongful death lawyers at Kaass Law can assist surviving family members.
We Can Assist You With Your Wrongful Death Case
If someone you care about was killed at work due to toxic chemical exposure, contact Kaass Law for help. Call (310) 943-1171 to schedule your consultation with our California workplace injury attorneys as soon as possible. We will fight for the most compensation possible in your case, as we are aggressive and experienced. Take a guide through this link to view our other practices.