Occupational Lead Exposure
Lead exposure can cause severe, permanent, and fatal health conditions. If you became ill due to contact with lead in your workplace, you likely have a claim for workers’ compensation for occupational lead exposure in Florida.
A Florida workers’ compensation lawyer with Rosenberg & Rosenberg can fight for the benefits you need to cover your medical treatment and provide for yourself and your family while you heal. We have recovered millions of dollars for injured parties across the state. We can advocate for you, no matter how complex your claim. Call now to schedule a free consultation.
There is no safe level of lead exposure. Ingesting even small amounts can cause injury and illness, and Occupational Health and Safety Administration (OSHA) standards require any employee with detectable amounts of lead in their systems to be temporarily removed from work.
If you or someone you love suffered symptoms of work-related lead poisoning, you may be entitled to workers’ compensation for occupational lead exposure in Florida. Workers’ comp is a form of no-fault insurance provided by your employer. Benefits may include:
According to the World Health Organization (WHO), lead poisoning can affect multiple body systems, including the brain, liver, kidney, and bones. It can also cause significant harm to pregnant women and unborn fetuses.
Workers who suffer lead exposure may need extensive medical treatment to remove the contamination and address side effects. Workers’ compensation should pay for all necessary medical care as long as you see a physician approved by your insurance plan. Coverage may include:
You can pursue wage replacement benefits for up to 104 weeks if you cannot work while recovering from lead exposure or can only work on restricted duty. If you cannot work at all, you may qualify for temporary total disability (TTD). TTD pays 66 percent of your average weekly wage. If you can work on restrictions but cannot earn at least 80 percent of your usual wage, you may qualify for temporary partial disability (TPD).
If lead exposure caused a more permanent injury, you may qualify for impairment income benefits (IIB) or permanent total disability (PTD). You can receive IIB if your doctor assigns you an impairment rating above 0 percent. Your rating will affect the amount and duration of your benefits. If you can never work again, you can receive PTD up to age 75.
According to the Florida Department of Financial Services, you can only seek wage replacement benefits once you miss seven or more work days.
Workers’ compensation provides reemployment services if you must change careers due to your injury or illness. You may be eligible for formal retraining, on-the-job training, vocational counseling, and job placement.
If occupational lead exposure caused your loved one’s passing, you may qualify for up to $150,000 in death benefits. Compensation includes up to $7,500 in funeral and burial costs, wage replacement for dependents, and educational benefits for a surviving spouse.
According to OSHA, the most common source of exposure is inhalation via dust, fumes, or mist.
Once lead enters the body, it circulates through the bloodstream. Some lead gets filtered out, but some remains, causing a buildup in the bones, organs, and body tissues. Lead is found in many common building materials, including pipes, electrical conduits, and roofing materials. It is also used in the mining and manufacturing industries.
Some occupations and industries at high risk for occupational lead exposure include:
OSHA has standards for lead exposure in the workplace. If these standards apply to your industry, and you have a single blood lead level test of 60 μg per dL (for general industry) or 50 μg per dL (for the construction injury), your employer must remove you from your high-exposure job.
After removal, you should receive more frequent medical evaluations and blood testing for lead. You cannot return to the high-exposure position until you have two successive blood lead level tests with 40 μg per dL or under.
If you suffered lead exposure in your workplace, Rosenberg & Rosenberg can help you file a claim for workers’ compensation for occupational lead exposure in Florida. We will fight for fair coverage for your medical expenses and lost wages. Call today for a free consultation.
According to the Centers for Disease Control and Prevention (CDC), lead exposure can cause the following serious health problems in adults:
There are many steps involved in pursuing a workers’ compensation claim for lead exposure in Florida. You must:
High blood pressure, joint and muscle pain, abdominal pain, and headaches are symptoms of lead poisoning. If you are exposed to lead in your workplace or if you experience any of these health issues persistently, see a doctor immediately. A physician can diagnose you with a blood test and begin treatment. Follow your doctor’s orders and attend all future appointments.
Florida Statutes § 440.185 states that you must tell your employer about your injury or illness within 30 days of when it developed or within 30 days of receiving a diagnosis indicating your condition is work-related. You should always do so in writing, so you have documentation of having informed them. Once you inform your employer, they have seven days to notify the insurance company. Failure to meet these deadlines may result in a denied claim.
Because workers’ compensation is no-fault insurance, you do not have to prove that your employer or anyone else is liable for your injury to get coverage. However, you will need to establish that your injury arose from work, you need medical treatment, and you must take time off to recover.
You must use evidence to support your claim. Our Florida workers’ compensation attorneys can help you obtain:
Securing workers’ compensation for an occupational injury in Florida can be challenging. Insurance companies often do everything they can to protect their bottom lines by denying, delaying, or underpaying settlements.
Our law firm has over 50 years of experience we can use to fight for full and fair benefits. Our team treats clients like family and will do everything possible to find creative and personalized legal solutions while working to relieve the burden of your claim on you and your loved ones.
Our compassionate and dedicated attorneys and staff can:
If your employer provides workers’ compensation, you usually cannot sue them for causing a workplace injury or illness. However, you can pursue a negligence-based claim against a third party if their actions resulted in your occupational lead exposure. Third parties may include subcontractors, general contractors, and property owners.
There are some damages you can seek with a personal injury lawsuit you cannot recover through workers’ comp, including:
According to Florida Statutes § 95.11, you typically must file your personal injury or wrongful death case within two years of your injury or loved one’s passing. If the statute of limitations expires, the court will often bar you from taking legal action. Our attorneys can review your case and tell you more about your legal options.
Rosenberg & Rosenberg is here to guide you through the hardship, turbulence, and uncertainty that can arise from a workers’ compensation claim. Our diverse team of attorneys is here to listen to you, understand your situation, and provide focused attention and individualized legal services.
We can handle your claim for workers’ compensation for occupational lead exposure in Florida for nothing upfront or out of pocket. We work on contingency, meaning we do not get paid until we get the money you deserve. Call 24/7 to schedule a free consultation with a Florida workers’ compensation lawyer near you.
