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If you have been sickened by a toxic substance that you were exposed to on the job as a seaman, you may be able to file a lawsuit under the Jones act. An experienced maritime injury attorney in California at the law offices of Preston Easley APC can fight for your legal rights.
There are many ways that you can be exposed to benzene as a maritime worker. The result is that you are at a higher risk of developing certain types of cancers and illnesses that are known to occur from benzene exposure. The challenge may come in proving that your illness was the result of on-the-job exposure.
You can learn more about your potential legal right to compensation by contacting a maritime injury lawyer at The Law Offices of Preston Easley APC. We can review the facts of your case to help determine whether you have a potential lawsuit.
How Are Maritime Workers Exposed to Benzene?
Benzene is a dangerous chemical that is a known carcinogen. Some studies place the increased risk of cancer due to Benzene exposure at up to 40%. Seamen are often exposed to benzene on the job, and that is one of the reasons why they have a higher rate of cancer than the general population. You may be able to sue your employer if your exposure to benzene on the job resulted in cancer.
Maritime workers are often exposed to benzene. This chemical is one that is found in petroleum and other fuel-related substances. Even on other types of boats, benzene may be present in cleaning solutions and other chemicals that are needed for the day-to-day operation of the vessel.
Maritime workers can become directly exposed to benzene when they are working on tankers that are transporting petroleum. They may be given specific tasks that require them to come into close contact with the dangerous substance. These dangers are at their highest point when there is loading and unloading of cargo. During this period, benzene exposure may be as high as ten times the safe allowable level. Alternatively, benzene can be present in the air because it is a volatile compound that may evaporate or combust.
Maritime workers can become exposed to benzene through:
- Inhalation
- Direct contact with their skin
- Ingestion
Those who come into direct contact with cargo containing Benzene are the most at risk. However, any seaman on the boat who is in proximity to the dangerous chemical is at risk. The risk becomes more profound the longer you are exposed to benzene.
Illnesses from Benzene Exposure
Injured maritime workers can suffer from the following medical conditions due to exposure to benzene:
- Aplastic anemia
- Non-Hodgkin’s lymphoma
- Acute myelogenous leukemia
- Multiple myeloma
- Seizures
Suing for Benzene-Related Illnesses
If you have been injured through benzene exposure on the job, you may have a potential personal injury lawsuit against your employer. Under the Jones Act, you are legally entitled to file a negligence-based case against your employer. If you can prove that their carelessness exposed you to the substance that made you sick, you may be entitled to substantial Financial compensation. Alternatively, you may be able to sue the manufacturer of a dangerous chemical that contains benzene when you were sickened by it.
Although you may have the right to file a lawsuit, there are certain challenges involved when you are suing your employer over exposure to a toxic chemical. To win a Jones Act lawsuit, you would need to prove the following four elements:
- Your employer owed you a duty of care
- They breach the duty of care by doing something that will be considered unreasonable under the circumstances
- You suffered an injury
- You would not have been injured had it not been for the careless actions of your employer
When it comes to a lawsuit involving exposure to a toxic chemical, the challenge may be proving the fourth element (which is known as causation). You may have been exposed to benzene for a period of time that was long in the past. Your employer may claim that your injury was not the result of their conduct. An experienced maritime injury attorney could review the facts of your case and help gather the evidence that could show that your exposure to Benzene on the job was the cause of your illness.
Contact a Southern California Maritime Injury Law Firm Today
Speak to an experienced Southern California maritime injury attorney at the Law Offices of Preston Easley APC to review your case and determine your legal options. You can schedule a free initial consultation by messaging us online or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
