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Workers’ Compensation - Toxic Exposure Cases

Over the past 40 years, Larson, Larson & Dauer (Previously Timothy A. Larson, ALC) has had significant success and notoriety, in our representation of injured workers in the aerospace industry. This specifically includes representing those hard working employees, who are repeatedly exposed to toxins and other carcinogens, at their place of employment,

Many employees do not know the nature and extent of their exposure until it is too late. Early detection and assistance requires specific testing and an evaluation by a toxicologist. Workplace toxic exposure ranges in severity and most employees aren’t even aware that they might be getting exposed, due to wearing “protective gear.”

In workers’ compensation, the fact that you are fearful that you have been exposed to toxins, is often enough to get a medical evaluation through the workers’ compensation system. This does not mean you need an attorney (yet), but you should be able to get checked out through your employer’s workers’ compensation insurance or their safety and health program. Most employers should have you tested, on a monthly, or a yearly basis for toxin levels in your blood. This depends on what toxins you are working with.

It is very important to note that while we do focus on obtaining the maximum monetary settlement for your workers’ compensation claim, we also strive to improve the overall work conditions for our clients.

A History of Handling Workers' Compensation Toxic Exposure Cases

Towards the end of the 20th Century, Larson, Larson & Dauer, ALC was propelled into the spot light for the handling of toxic exposure claims, namely those against Lockheed Martin. This is due to the firms groundbreaking toxic exposure litigation in which we successfully represented 1000’s of injured workers against Lockheed Martin. The result of this litigation included hundreds of millions in settlements for his clients.

It is important to note that we have success in handling cases against many aerospace companies, such as Northrop Grumman, The Aerospace Corporation and Boeing.

The success of the firm lead to Timothy A. Larson becoming one of the most well-known, toxic exposure workers' compensation attorneys in California. The firm’s hard work on these types of claims, also contributed to the legal ban of smoking inside the workplace and the overall improvement of safety conditions for aerospace workers.

To date, this firm continues to successfully represent those hard working employees that feel they have been exposed to toxins and carcinogens in the workplace.

We Understand Toxic Exposure Cases

The unknown of whether you have been exposed to toxins and/or carcinogens, is very scary for a person. Meaning, the concern for your future health is currently unknown and there are lots of unanswered questions. We would never say that we can answer all your questions, but using our years of experience, we just try to maximize your possibility of getting these questions answered through the workers’ compensation process and we get you the benefits that you are entitled to.

It is important to understand that toxic exposure to an injured worker, could mean a risk of exposure to his/her family. This includes bringing home the toxins on clothes and surfaces of the skin, which is then passed into the family washing machines and other surfaces through the household. Toxins can be like a bacteria or virus that can be spread if the proper precautions are not taken.

We are very thorough and diligent when searching for the types of toxins or carcinogens that you may or may not have been exposed to. In addition to obtaining the material safety data sheets and other documentation by the employers, we also try to get the applicable agencies involved (OSHA, Cal-OSHA, EPA etc.). The appropriate government agency is generally able to cut through the B.S. that the employer gives, such as requiring certain security clearance, or needing special permission to access a certain area or simply a flat out disregard of said request.

Whatever the situation may be, you have the ability to investigate potential toxins and carcinogens in the workplace, via the workers’ compensation system. Please understand that when you file a workers’ compensation claim, you are not suing the employer. You are simply filing an insurance claim, stating that you are having some symptoms that you feel are caused by your job duties. Please note that some (not all) of the most common early, toxic exposure symptoms you may experience, include “sinus issues,” “scratchy throat,” and “general aches and pains.”

Please understand that the workers’ compensation is a problematic system. The insurance companies are obtaining more and more control (currently), as the recent years have passed. They want to make the workers’ compensation so difficult, that you give up and go away. Please, Please do not give up. Fight for you and those employees that will continue working in these toxic environments for many years to come.

Give us a call and we will give you the best strategy (not always to file a workers’ compensation claim) that we have, based on our track record of success.

The most important thing is that you take care of yourself and your family.

Workers’ compensation is VERY slow, but we will get you there. Make sure you lock in future medical treatment and get the monetary compensation (the "compensation" part of workers' compensation) you deserve.

Self Help - Quick Notes:

1. At a minimum request the MSDS sheets (we have included codes below to assist). If you are being ignored by your employer, please contact our office and we can help where needed.
2. If you belive that you re being exposed to toxins, please contact the applicable agencies, such as OSHA, Cal-OSHA, EPA etc. They always want to talk to you and not an attorney. Your phone call to each respective agency is anonymous, as they want to encourage people to call without fear of retaliation etc.
CA Labor Code §6398 (through 2012 Leg Sess)
The Occupational Safety and Health Standards Board shall adopt a standard setting forth an employer s duties toward its employees under this chapter, on or before July 1, 1981, consistent with the following guidelines:
(a) An MSDS shall be available to an employee, collective bargaining representative, or the employee s physician, on a timely and reasonable basis, on substances in the workplace.
(b) Employers shall furnish employees who may be exposed to a hazardous substance with information on the contents of the MSDS for the hazardous substances or equivalent information, either in written form or through training programs, which may be generic to the extent appropriate and related to the job.
(c) Provision shall be made for employees to be informed of their rights under this chapter and under the standard to be adopted.
(Added by Stats. 1980, Ch. 874. Became operative on date prescribed by Section 6399.2.)
California Code, Labor Code §6399
Upon request, the manufacturer of a hazardous substance or the producer of a mixture who has produced a mixture MSDS pursuant to the provisions of subdivision (b) of Section 6397 shall make available to any employer, whose employees may be exposed to its product in the workplace, an MSDS on its product.  If the employer does not already have an MSDS and has not already made written inquiry within 12 months as to whether a substance or product is subject to the requirements of this chapter or if the employer has not already made written inquiry within 6 months as to whether any new, revised, or later information has been issued for a hazardous substance, the employer shall do so within seven working days of a request to do so by an employee or employee's collective bargaining representative or physician.  The employer may adopt reasonable procedures for acting upon such employee requests to avoid interruption of normal work operations.  The manufacturer or the producer of a mixture MSDS pursuant to the provisions of Section 6397 shall answer such inquiries within 15 working days of their receipt, stating that the substance or product is subject to the requirements of this chapter and furnishing the most current MSDS or a statement that the MSDS is under development and the estimated completion date, or stating that it is not subject to the requirements of this chapter, with a brief explanation of why the chapter is not applicable.  If an employer has not received a response from a manufacturer within 25 working days of the date the request was made, the employer shall send a copy of the request made of the manufacturer to the director with the notation that no response has been received.

About Us & Toxic Exposure Cases
History of Workers Comp Cases
We Understand Toxic Exposure Cases
Self Help - Quick Notes

blog posts

Workers File Claims Over Toxic Exposure

Health: Burbank employees seek redress from the city for medical problems allegedly caused by chemicals at Lockheed plants. October 04, 1997 BURBANK — Seventeen workers' compensation claims have been filed against the city on behalf of current and former city employees who allege their health was compromised on the job by toxic chemicals used by […]

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OSHA Finds Safety Violations at Secret Lockheed Facility

U.S. officials have found worker safety and training violations at Lockheed Corp. after investigating the aerospace giant's top-secret Burbank plant and two other facilities in Southern California, federal officials and Lockheed said Thursday. The violations could result in Lockheed being formally cited by the Occupational Safety and Health Administration, which is conducting the ongoing investigation. […]

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Illness at Military Plant: Mystery in Secret Work

BURBANK, Calif., Sept. 12— At least 160 manufacturing workers at a Lockheed Corporation plant here, many of whom are believed to be involved in building a top-secret fighter, have become sick, spawning a whirlwind of questions that begin with the materials used in the plant. In a wave of lawsuits seeking financial compensation, the workers say […]

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