There is a misconception that workers can only receive compensation in the event that they are injured on the job. This misconception may have come about, in-part, due to the fact that lawsuits related to harm that occurs on the job are referred to as “personal injury” lawsuits. Additionally, there is a widespread idea that collecting workers’ compensation benefits is generally tied to the need for accident victims to seek compensation in the wake of sustaining sudden and unexpected harm while on the job.
In reality, this concept of injury encompasses both injury and illness sustained while at work or otherwise engaging in work activities. Therefore, it is important for workers who have been made ill as a result of toxic exposure on a job site or somewhere related to their work activities to understand that they, like physical injury victims who have sustained harm as a result of accidents, are generally entitled to compensation as a result of the harm that they have suffered.
Why Toxic Exposure Cases Are Tough to Prove
As an experienced workers’ compensation lawyer can confirm, work-related harm stemming from toxic exposure is generally harder to prove than harm sustained as a result of work-related accidents tends to be. Essentially, insurance adjusters are more likely to question that someone was made ill due to work conditions than they are to question that someone whose accident was witnessed by co-workers was harmed for work-related reasons. They may argue that a worker’s illness was caused by other influences or developed simply a matter of bad luck.
This is one of the reasons why it is so important for ill workers to speak with an attorney if they suspect that their illness was caused by work-related circumstances. It is certainly possible to be awarded personal injury damages and/or to receive a substantial workers’ compensation award as a result of toxic exposure during the course of one’s work activities. However, toxic exposure cases tend to be difficult to prove and tend to be questioned more often and more substantially by workers’ compensation insurance adjusters than work-related accident cases tend to be. As a result, having a strong legal advocate on one’s side “from go” can help to ensure that an ill worker can benefit from the strongest possible legal strategy crafted on their behalf.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].
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