Maximum Medical Improvement & Workers' Compensation At Strong Law Offices, we represent employees in workers' comp claims for workplace injuries...
How To File a Workers’ Comp Claim for Workplace Exposure
Workers who are exposed to toxic chemicals at work and suffer injuries as a result are eligible for workers' compensation benefits. Workers will have to prove, however, their injury or illness is due to chemical exposure and that their exposure happened at work.
Are Workers Eligible for Benefits After Exposure to Toxic Chemicals?
Injuries due to exposure to chemicals at work are almost always compensable under workers’ compensation laws. Workers are entitled to benefits even if their employer took precautions to shield its employees from exposure because proof of fault is not a requirement for recovery under workers' compensation laws.
What Should Workers Do after Exposure to Toxins?
If workers have come into contact with chemicals or toxins at work, they should take the following steps to increase their chances of prevailing in a workers’ comp claim:
- Talk to their doctor. As soon as a worker suffers a work-related injury or illness, he or she should see a doctor. A doctor might be able to diagnose the worker. However, the doctor might also refer the worker to a specialist in workplace toxic exposure.
- Contact their employer. As soon as workers receive a diagnosis from their doctor, they should contact their employer to inform them about the injury.
- File their claim. Workers should file an Application for Adjustment of Claim with their employer and the Workers’ Compensation Commission. By filing the claim as soon as possible, workers ensure that they do not miss the filing deadline and their employer has notice of the claim.
- Document their injury. Workers should document all their medical treatment, including the doctors they see, their opinions, and receipts for medical treatment, equipment, and medication. They should also keep a diary of how the injury impacts their life.
- Consult an attorney. Workers can consult an attorney to help them make a strong case for their claim. If a worker lives and works in central Illinois, they might hire a workers’ comp attorney near Peoria. The sooner workers consult an attorney, the better chance they have of helping the workers win their workers’ compensation claim.
Once workers have determined they have suffered a compensable injury and filed their claim, they can recover temporary disability, permanent disability, and reimbursement for medical treatment. They must prove their expenses and their disability.