Legal Question in Personal Injury in California
Exposure
I have been exposed to deisel fumes at work (fire station) for 20+ years and the current Fire Cheif has known about the defective exhaust blower and has not repaired or replaced it. Do I have a case?
3 Answers from Attorneys
Re: Exposure
One can be exposed to the most toxic of chemicals for 40 years and still not have a case. This would be because there must be some level of damages, and your question does not address whether or not you actually suffered physical damages as a result of said exposure. However, assuming that you are currently suffering physical damages, then you may have a workers' compensation case. However, in a case where your employer exposes you to a known danger where you suffer the harm, I would also argue a "Serious and Willful." This is a form of employer negligence. If you have any further questions, please do not hesitate to contact my office at 818.943.0462
Re: Exposure
I need more facts to be able to answer your question. Do you have any injuries as the result of your exposure? Have you sought any medical treatment or examination (even on your own)? call us at 213.388.7070 for a free consultation to evaluate your case.
Re: Exposure
If you have been injured as a result of the exposre, you may have workers compensation claim. The negligence of your employer is irrelevant in evaluating your work comp claim -- only degree of injury caused by on the job conditions.