There Are Two North Carolina Benzene Workers Compensation Claim Types
In order to file a successful North Carolina benzene workers compensation claim, it is essential that the injured worker or their family files the so-called “comp claim” before the filing deadline and against the proper “responsible employer,” which is the defendant.
First, when a North Carolina worker has been diagnosed with a benzene-related disease, this employee may be able to file a specific type of North Carolina workers compensation claim called an occupational disease injury claim. If the case is successful, the identified defendant employer (or its insurance company) would pay the worker what he or she is entitled to under North Carolina law.
Second, if the worker has died from a benzene-related cancer or disease, then the surviving spouse (and/or children who were financially dependent upon the deceased worker) may be eligible to receive legal compensation. This would be done by filing a North Carolina workers comp occupational disease death claim concerning the deceased employee. In turn, the dependent family survivors would receive “death benefits” payments from the responsible employer or its workers compensation insurance company.
We encourage you to submit a Benzene Case Review – it is free, confidential, and there is no obligation. Or, if you prefer, call our toll-free number, (800) 426-9535, to speak directly to attorney Tom Lamb about a possible benzene case. Either way, you will get Mr. Lamb’s impressions — not an intake person, a paralegal, nor some other lawyer — about your case based on his many years of experience.
Some Resources for Your Use
How to Determine the Correct Responsible Employer for a North Carolina Benzene Workers Compensation Claim
For a North Carolina occupational disease injury or death claim it is necessary to determine the final period of time — before the benzene cancer or disease diagnosis was made — when the employee while working on a job or in a worksite located in North Carolina had at least 30 days of benzene exposure within a period of 7 consecutive months. More simply put, this is usually the LAST job where the employee worked with and around the chemical benzene or benzene-containing products in North Carolina.
Some time-period examples for determining the proper defendant employer using this final benzene exposure “formula” are:
- 5 days a week for 6 weeks in a row
- 4 days a week for 7.5 weeks in a row
- 3 days a week for 10 weeks in a row
- 2 days a week for 15 weeks in a row
- 1 day a week for 30 weeks in a row
It is important to know that if a North Carolina occupational disease claim for injury or death is filed against the wrong employer, then your North Carolina benzene workers compensation claim will not be successful.
Two examples of this critical mistake are (a) where there was less than 30 days of benzene exposure within a period of 7 consecutive months, or (b) the company named as a defendant was not where the final period of benzene exposure took place.
Given our experience handling benzene exposure cases, we will carefully investigate the facts of one’s work history in order to make sure that the correct employer is identified and named as the defendant for the North Carolina benzene workers compensation claim.
General Background Information
- Benzene Cases Overview
- Exposure to Benzene
- Workers Exposed to Benzene
- Benzene Exposure in Industries
- Benzene-Containing Products
- Frequently Asked Questions
- Benzene Cancer Resources