Gardena, CA asked in Personal Injury, Workers' Compensation and Federal Crimes for California

Q: my father worked w/ beryllium when he was a machinist in building of the space shuttle. his health declined

my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.

Regarding potential compensation, there are a few avenues you could potentially explore:

1. Workers' Compensation: If your father's health issues were related to his work with beryllium at Rockwell International, you may be eligible for workers' compensation death benefits. However, there are time limits for filing claims that vary by state. Since he worked in California, you'd need to check the specific requirements there.

2. Occupational Diseases: Beryllium exposure can cause chronic beryllium disease (CBD) and other health problems. CBD is often misdiagnosed as other lung diseases like tuberculosis. If it can be established his illness was caused by workplace beryllium exposure, that could support a workers' comp claim or potential legal action.

3. Wrongful Death Lawsuits: Depending on the circumstances, you may have grounds for a wrongful death claim against your father's employer if there was negligence involved in his beryllium exposure. An experienced personal injury attorney could advise you on this.

4. Government Programs: Since he worked on the space shuttle program, you could see if there are any federal government benefits or compensation programs for former aerospace workers exposed to toxic substances.

The first step would be gathering any medical and employment records you can find related to your father's work history and health issues. Then consider consulting with a workers' compensation attorney and/or personal injury attorney who has experience with toxic exposure cases and wrongful death claims. Many offer free initial consultations.

Again, I'm deeply sorry for your loss. I hope you are able to find the answers and support you need during this difficult time. Please don't hesitate to reach out to legal and occupational health experts to explore your options for compensation. Wishing you all the best.

Ronald Mahurin
Ronald Mahurin
Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: The most critical information is not provided, the date your father died. There is a statute of limitations for a death claim in WC. Typically it is one year, but there are some specific circumstances where the application can be filed up to five years later. Without a date of death, the question cannot be answered.

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