Legal Question in Workers Comp in California
Help! Employees getting silicosis and cancers
I work for a company that�s privately owned with about 700 employees. We are exposed to Crystalline Silica Dust and Hydrochloric Acid vapors as well as other chemicals used daily. The company will provide protective equipment when asked, but will retaliate against employees who use it because the use of masks or respirators may scare the public. This company has it�s own environmental department and has never had an onsite O.S.H.A. inspection. Complaints made to governmental agencies are resolved over the phone with interviews to the companies environmental and safety department. Some employee�s have developed lung thyroid and other cancers. I was required to sign a proposition 65 form as a condition of employment stating that I work with Silica and it may cause cancer but I was never told to wear any kind of protection. I am required to jack hammer concrete in confined spaces with out wearing respirators or having confined space training. I believe minimal amounts of research on past practices and some employee testimony will produce tremendous amounts of evidence proving the company was aware of the hazards and failed to protect us from a 100% preventable disease. What type of evidence should I gather? How I should proceed?
3 Answers from Attorneys
Re: Help! Employees getting silicosis and cancers
Yes you do have a serious and willfull case as well as a civil suit. However class actions are usually more profitable for the attorney than the class. There is no reason why you should not sue as an individual. Call directly me at 16192223504.
Re: Help! Employees getting silicosis and cancers
You need to consult with an experienced worker's compensation attorney who is knowledgeable in environmental laws. There are other city, county and state agencies that may have jurisdiction over your employer's activities. For example Department of Toxic substances control may have jurisdiction if your employer's activities involve generation, treatment and disposal of hazardous substance. There are other agencies that may have compliance and enforcement power over your employer as well.In your situation, I recommend that you or anyone who may have been exposed to chemicals to go through a detailed examination by an expert such a forensic toxicologist who can determine the connection between the medical conditions that you described and the exposure to the chemicals that were used or existed at your jobsite. You may gather all MSDS (Material Safety Data Sheets) which can help the toxicologist what to look for at the time of such examinations.I have over 15 years of experience in environmental regulatory compliance and enforcement matters. I am also a former inspector and permit writer of hazardous waste facilities while working for the Departmnet of Toxic Substances Control (DTSC). Please call me at 213.388.7070 for a free consultation to further discuss your case.
Re: Help! Employees getting silicosis and cancers
I agree with the other attorney, this is a complex case. Due to the "serious and willful" nature of the exposures you are receiveing, you may be able to file a civil lawsuit as well. For this I suggest you seek consultation with someone like Richard Alexander or Amanda Hawes at Alexanderlaw.com, which handles large class action cases as this appears to be. You can cite my name if you like. However, I have no material interest with Alexander Hawes & Audet.
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