Padilla Law Group, LLP

California workers injured when pesticide sprayed

A number of times on this blog we have discussed workplace injuries, the impact they can have on an individual's life, and how workers' compensation benefits can be helpful in helping him or her find financial stability while he or she focuses on reclaiming his or her health and getting back to work. Sometimes, though, workers' compensation isn't enough, and third-parties are responsible for a worker's injuries. When this is the case, an injured individual may be able to recover damages through both a workers' compensation claim and a personal injury lawsuit.

A group of California agricultural workers are doing just that after being harmed by exposure to pesticides. According to their claim, their employer asked another employee to spray pesticide near where the workers were performing their job duties. The workers then became exposed to the pesticide, causing them to exhibit symptoms that included breathing problems, vomiting, headaches and eye and mouth irritation. Fifteen workers had to be hosed off, and eight of them had to be taken to the hospital for additional treatment.

The workers filed a lawsuit against their employer and the employee who sprayed the pesticide, and who asked the workers to notify him if they could smell the chemicals, claiming that the company did not have the proper licensure to spray the chemicals. The injured workers are seeking punitive damages.

Cases like this can wind up being much more complicated than first anticipated. Workers' compensation and personal injury claims can play off of one another, requiring victims to be active in their efforts to ensure they are meeting the legal elements of each. Skilled legal professionals, like those at our firm, may be able to help these victims recover the compensation to which they are entitled.



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