Ways To Win A Workers' Compensation Case Involving Chemical Exposure

30 April 2015
 Categories: Law, Blog


If you developed an illness or injury from your workplace due to chemical exposure, you may be able to qualify for workers' compensation benefits. Illnesses caused by chemical exposure are covered under this type of insurance; however, you will need to prove two things in order to get approval for your benefits. You may also need to hire a workers' compensation attorney to help you develop a plan to fight the ruling if you are denied benefits.

Two Things You Must Prove

Here are the two things you will have to prove in order to get workers' compensation benefits:

  1. Prove that you became ill or injured – The first thing you must prove is that you were ill. This cannot just be a normal cold or flu sickness, though; it must be an illness that is preventing you from working, or that will have lifelong effects on your health.
  2. Prove that this occurred from chemical exposure at your job – It will also be important for you to find the correlation between the illness and your workplace. This is sometimes the hardest part to prove in a case like this, but it is not impossible.

If you can prove these two things, you should have no trouble getting compensation through your company's workers' compensation insurance; however, it might take some evidence to make this happen.

Evidence You May Need

If you explain to your company that chemical exposure has caused you to become ill, your company might fight you on this. If this happens, you may need to get proof that what you are saying is true, and here are some ideas about how you can do this:

  • Find faults in the company's safety procedures – If your company did not provide you with the proper gear and equipment to use while you were working, you could use this as your defense.
  • Produce medical bills and reports – Another way to prove this is by getting medical help and reports from your doctor. Your doctor might be able to diagnose your condition as something that resulted from chemical exposure, and this would be very helpful for your case.
  • Research the chemicals you were around – Finally, you could do some research on the chemicals you worked with to find out if there is evidence that exposure to these particular chemicals causes health problems.

With evidence like this, you should be able to fight your denial and receive the benefits you deserve. If you do not want to fight this battle alone, hire a workers compensation attorney for help.