Workers’ compensation claims do not necessarily have to be relevant to the demands of the injury victim’s job. An employee can file a claim if they were injured because of, for example, an equipment accident or repetitive strain, but are also entitled to benefits if their injuries simply occurred at their place of work.
Exposure to mold and other environmental hazards in the workplace are an example of this. Although the conditions that can result from being exposed to mold are not necessarily caused by the victim’s job, they can still qualify an employee to file a claim to recover workers’ compensation benefits.
Workers’ compensation is a no-fault system. Work injury claims differ from typical personal injury cases because a victim does not have to prove that another party was negligent in order to recover compensation. In relation to mold or toxic exposure, your employer does not have to purposefully expose workers to the hazardous substances, or even be aware of the presence of the substance. If a building has mold or asbestos, unbeknownst to anyone in the company, people who were affected by the exposure can recover workers’ compensation benefits. Filing a workers’ compensation claim also, in most cases, waives the injured employee’s right to sue their employer. In a case involving mold, providing benefits through the workers’ compensation system can help affected employees, and help the company avoid liability.
The benefits provided by the workers’ compensation insurance system are available to employees who develop an illness or are injured at work and require financial support. Any work-related ailments you suffer from should be reported to your employer.
Were you exposed to a toxic substance in your workplace, or were injured on the job? Contact Herbert Chestnut & Associates to discuss your case. We are available to explain what benefits you are entitled to, and how we can help you recover those benefits.
Contact our attorney through our message form or via phone at (770) 661-0091.