Two Types of Workers Compensation Claims
In order to file a successful North Carolina benzene workers compensation claim, it is essential that the injured worker or their family files the workers comp claim before the filing deadline and against the so-called “responsible employer,” which is the only proper defendant for the case.
When a North Carolina worker has been diagnosed with a benzene-related disease, this employee may be able to file a specific type of NC workers comp claim called an occupational disease injury claim. If the case is successful, the responsible employer (or its workers compensation insurance company) would pay the worker what he or she is entitled to under North Carolina law.
If the worker has died from the benzene-related 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 breast implants 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.
How to Identify the Responsible Employer for Your Occupational Disease Claim
You, or your attorney, must determine the final period of time before the benzene disease diagnosis when there was at least 30 days of benzene exposure within a period of 7 consecutive months. More simply put, this is usually the LAST job where you or the employee worked around benzene or benzene-containing products in North Carolina.
Some acceptable examples for satisfying this final benzene exposure period “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 understand that if a North Carolina occupational disease claim is filed against the wrong employer, then the workers compensation claim would 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 defendant was not where the final period of benzene exposure took place.
Given our experience handling chemical exposure cases, we can investigate the facts of your work history in order to make sure the responsible employer is identified and named as the defendant for the workers comp case.
- Overview of Benzene Exposures
- Filing Deadline for NC Benzene Workers Comp Claims
- Exposure to Benzene
- Workers Exposed to Benzene
- Benzene Exposure in Industries
- Benzene-Containing Products
- Frequently Asked Questions
- Benzene Cancer Resources