Filling workers comp for being expose to hazardous particles for a month for sandblaster without proper PPE?

Asked 12 months ago - Chatsworth, CA

Filling workers comp after being terminated. I worked at location as a contractors for a staffing company.
Many employees complained (I'm sure some paper trail was left of such complaints). Exposure was only halted due a neighboring company being exposed to and complaining. Equipment was large scale sandblasting booth , extremely fine particle contaminated certain parts of warehouse which is was working on and exposed to. Where do I stand ? What are my rights ? or filling for some type of pulmonary damage for sure?

Attorney answers (4)

  1. Gerald Franklin Batchelder

    Contributor Level 13

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    Answered . You've got me a bit confused. You say that you worked "as a contractors" for a staffing company. Do you mean that you were employed through a staffing company to work at a construction site for a building contractor? Who was doing the sandblasting, employees of the company you worked for, or someone else on the job? If it is the latter, you may also have a third-party civil lawsuit in addition to the workers' comp case. Have you been suffering some sort of significant symptoms from your exposure? If so, when did the symptoms start? Did you actually report an injury to your employer? Did you tell anyone from your employer about your symptoms before you were terminated? Did you seek medical treatment for the problem before your termination?

    If you want to clarify the above, I can probably give some more meaningful advice.

  2. Richard Andrew Harting

    Pro

    Contributor Level 18

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    Answered . You will need to consult with an attorney. Post termination cases generally start with a negative presumption. Here however, you may be able to establish the employer had notice of the (potential) injuries pre-termination. File a report with OSHA. The attorney should be able to help you get to a pulmonary specialist and you may need a lung biopsy.

  3. Daniel W Epperly

    Contributor Level 13

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    Answered . Unless you have some disability, such as trouble breathing, asthma, sinus trouble, etc., there probably is not much value in filing a WC claim based on exposure alone. If you do have some disability, you might want to hire an attorney. Since you were terminated the defense is not going to play nice with you. This attorney will probably ask you about other problems you might have such as back pain, etc.

  4. Robert R. Pagniello

    Contributor Level 12

    2

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    Answered . If you have a respritory condition as a result of exposure to chemicals or airborne particles, you have a fully compensable claim. For further information you can contact my firm at pagniellolegal.com

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