Hazardous materials and chemicals can be harmful, especially when you are subjected to them every day at your workplace. Developmental injuries and diseases often occur from dangerous materials like asbestos, heavy metals, and chemical solvents. Occupational disease and toxic exposure claims for San Diego industrial and manufacturing workers help employees recover financially from harmful conditions.
The Basics of Occupational Diseases and Toxic Exposure
Occupational diseases and toxic exposure cases are different from other forms of workplace injuries, like a sudden fall or machinery incident. They are slower injuries caused by repeated issues.
Toxic exposure occurs when you are subjected to hazardous materials, usually from ingesting, inhaling, or coming into contact with the substance. In many cases, the harm caused by these substances takes years or even decades to show up, such as mesothelioma caused by asbestos inhalation.
Occupational diseases are developmental conditions you get in the workplace, which sometimes result from toxic exposure. They can also result from other sources, like repetitive motion strain injuries, physical harm like loud sounds, or long-term stress. Diseases and conditions caused by these issues can develop over time and may not be obviously tied to one incident at work.
The Risks of Industrial and Manufacturing Jobs in San Diego
While toxic exposure and occupational diseases could occur in many different industries, industrial and manufacturing worksites are some of the most common in the San Diego area. These workplaces have many unique hazards, including dangerous substances and environments.
This includes industrial and manufacturing worksites and employers like Solar Turbines Incorporated, Diakont, Collins Aerospace, APEM, General Dynamics NASSCO, and Kyocera International, Inc. These jobs carry occupational disease and toxic exposure risks like:
- Respiratory illnesses: This includes asthma and respiratory irritation from insufficient ventilation, mold or dust inhalation, fumes, and other aggravating substances.
- Chemical and hazardous material exposure: Many industrial sites use dangerous substances or materials. Exposure to dangerous substances can also lead to serious developmental diseases. Asbestos exposure can lead to asbestosis in the short term and mesothelioma in severe and long-term cases. Other chemical exposure can result in skin damage over time or other types of cancer.
- Physical long-term hazards: Continuous loud noises or vibrations from certain machinery can result in developmental injuries like hearing loss or Raynaud’s disease.
- Repetitive motion injuries: Employees in industrial and manufacturing industries often perform the same motions every day, carry heavy items, or operate dangerous machinery. These actions can lead to strains on muscles and joints, causing chronic pain and other conditions.
- Stress-related conditions: These worksites can be very stressful. This can lead to mental-health conditions, fatigue, and other health concerns.
In California in 2024, there was a rate of 2.7 nonfatal occupational injuries and illnesses per 100 full-time employees in the manufacturing sector. This included a rate of 3.5 in transportation equipment manufacturing, a rate of 4.3 in primary metal manufacturing, and a rate of 4.5 in the beverage and tobacco manufacturing industry.
Injury and illness rates were highest in the manufacturing industry in workplaces with between 50 and 249 employees.
Occupational Diseases and Toxic Exposure Workers’ Compensation Claims
There are limitations on when an injury or condition can result in a workers’ compensation claim. To file a workers’ compensation claim for any injury or illness, it must be work-related. It is work-related if one of the following is true:
- An event or exposure in the workplace led to or contributed to a condition
- An event or exposure in the workplace led to or contributed to making an existing injury or illness worse
When an injury happens in the workplace from a sudden accident, it is easier to connect to your job duties. Occupational illnesses and exposure can be harder, especially when it takes years to surface.
It can take significant medical documentation and evidence of your work locations to prove that these conditions were caused or contributed to by your work. This proof is necessary to help you recover financial benefits like partial wages and medical treatment bill coverage.
However, as soon as you are aware of an injury or illness, it’s important to act quickly. You have one year to file after the date of injury. For occupational diseases, this occurs when your condition disables you.
FAQs
Can I File a Civil Claim Against My Employer for Chemical Exposure?
Generally, if you suffered chemical exposure in the workplace, you can file a workers’ compensation claim, and generally cannot file a civil claim directly against your employer.
However, there are exceptions. If your employer deliberately caused your injury, or they do not have legally required workers’ compensation insurance, you may be able to file a civil claim against them for your damages. An experienced attorney can help you assess your case and what options for compensation there are.
What Is Considered Toxic Exposure?
Toxic exposure occurs when you are around a hazardous substance, and it impacts your health over time, usually when you are breathing it in, your skin is in contact with it, or you ingest it. This includes substances like asbestos, dust, mold, silica dust, solvents, pesticides, hazards like radiation, or even biological hazards like viruses and bacteria. When this exposure occurs during your work duties or in the workplace, it can be the grounds for a workers’ compensation claim.
What Qualifies as an Occupational Disease?
An occupational disease is an illness or condition you get while working that develops over time. It includes asbestosis, asthma, silicosis, other respiratory illnesses, skin irritations, mesothelioma, and other cancers. It also includes hearing or vision loss, repetitive motion injuries and strains, and overuse injuries. A workers’ comp claim can help you recover financially.
Should You Hire a Workers’ Compensation Lawyer for Occupational Disease and Toxic Exposure?
Yes, you should hire a workers’ compensation lawyer for occupational disease and toxic exposure claims. These claims are often much harder to file and recover compensation because insurance companies will say your condition is not work-related or that you exceeded the time limit for filing your claim.
An attorney helps protect your rights by gathering key evidence and dealing with the insurer for you. This support increases your chances of success and the likelihood of full compensation.
Your San Diego Workers’ Compensation Attorney
Reach out to Mitchell Law Corporation for 20 years of experience in workers’ comp claims.
