Benzene exposure can have devastating consequences, so it is important to understand which jobs have the highest risk. Continue reading for more information and work with a knowledgeable New Jersey benzene exposure lawyer today.
What is Benzene?
Benzene is a colorless, highly flammable chemical commonly used in industrial manufacturing and petroleum production. It is classified as a known human carcinogen by major health agencies, meaning that it is a substance capable of causing cancer. Carcinogens work by altering a cell’s DNA, producing mutations, or causing cells to divide at an abnormally fast rate, which can ultimately lead to cancerous tumor growth.
Exposure to benzene may occur through the inhalation of fumes, skin contact, or contaminated environments. Exposure can damage bone marrow and interfere with healthy blood cell production.
What Jobs Have the Highest Risk of Benzene Exposure?
Certain occupations or industries have a higher risk of benzene exposure due to the products being manufactured or the tools being used. Jobs that face the greatest risk of benzene exposure include:
- Refinery workers
- Gas station employees
- Chemical plant workers
- Mechanics
- Painters
- Factory workers
- Firefighters
- Transportation and trucking workers
Gasoline and petroleum products, industrial solvents, paints, adhesives, plastics, rubber, and chemical plants commonly use benzene. Symptoms of exposure may include dizziness, headaches, fatigue, skin irritation, infections, easy bruising or bleeding, and more.
Can You Sue for Benzene Exposure in the Workplace?
Workers in New Jersey who suffer an illness or injury due to workplace benzene exposure may have several legal options for compensation. The main ways to seek damages typically involve filing a workers’ compensation claim, pursuing third-party lawsuits, or initiating product liability claims.
Workers’ compensation is often the fastest route, offering benefits regardless of fault. However, if negligence from another party contributed to the exposure, a third-party lawsuit can allow the worker to recover a fuller range of damages, including pain and suffering.
In New Jersey, workers’ compensation laws generally provide an exclusive remedy, meaning they limit an employee’s ability to sue their employer directly for workplace injuries or illnesses. However, there are exceptions to this limitation.
An employee may be able to sue their employer directly in cases involving intentional wrongdoing by the employer, such as deliberately concealing a known hazard. Direct lawsuits are also sometimes possible if the injury was caused by the negligence of a third party or if the harm resulted from defective equipment or products used on the job site. Consult with a legal professional for help determining the best course of action.
What is the Statute of Limitations to File a Benzene Exposure Claim?
In New Jersey, the general statute of limitations to file a benzene exposure lawsuit is two years from the date the injury occurred. However, because serious benzene-related illnesses can take years to develop, the state applies the “discovery rule.” Under this rule, the two-year filing window begins on the date you were diagnosed or the date you reasonably should have known that your illness was caused by benzene exposure.
Work with an experienced attorney for more information during your case.