Generally referred to as poisons, toxins are actually different because they are biologically produced. Similarly, venoms are also taken as toxins but are injected through sting or bite. However, in common parlance, the terms “poison” and “toxin” are used interchangeably.
In a workspace, toxic exposure refers to a situation where employees work directly with harmful substances. While they are required to take safety measures, they can still get exposed to those toxins in so many ways. This exposure is actually more common than reported, especially in industries like agriculture, manufacturing, and construction where workers need to handle chemicals like lead, asbestos, and pesticides.
Chronic exposure to even low levels of these chemicals can still result in long-term health problems, such as neurological damage, cancer, and respiratory issues. The Occupational Safety and Health Administration (OSHA) records have also confirmed that toxic exposure in the workplace is among the most frequent safety violations. However, if you’re a victim of this exposure and it was due to inadequate safety measures taken by the employer, there are further steps you can take.
Should You File a Lawsuit for Toxic Exposure in the Workplace?
Employers are responsible for providing a safe work environment while following regulations designed to minimize the risks associated with these chemicals. In fact, even if you suffer injuries from molds in office buildings or apartments, or even from food toxins, you still have the right to file a fair compensation.
It is important to understand though that proving causation for these cases can be quite tricky, which is why only an experienced personal injury attorney must be hired.
For instance, a great idea is to go with one of Canada’s Top 25 Most Influential Lawyers, David Sowemimo from https://watchmakerlaw.com, who has extensive experience handling complex personal injury cases, including chemical exposure torts. He has fought for clients dealing with catastrophic injuries, including quadriplegia and fatalities against the most powerful government defendants and insurance companies.
Working with a professional and experienced personal injury lawyer also helps you learn if you really have a toxic exposure lawsuit or not. So many variables are at play here and only an experienced personal injury lawyer can help you with everything. For instance, they can help you understand different types of toxic exposure for lawsuits.
The most common industries with high risk of toxic exposure are construction, manufacturing, agriculture, healthcare, waste management, and mining and extraction. However, the claim will have different consequences based on different types of toxic exposure. For instance:
Chemical Exposure
Depending on industries, workers can be exposed to various hazardous chemicals, including acids, solvents, industrial compounds, and pesticides. More than 90 hazardous chemical substances are found in laboratories alone, but the most common are chloroform, acrylamide, methanol, and formaldehyde. Any exposure to these chemicals through skin contact, inhalation, or ingestion can lead to serious consequences.
Biological Hazards
Biological hazards present in the workspace can also lead to serious problems in many instances. These hazards include bacteria, viruses, fungi, and parasites, and they spread through human-to-human contact, animal bites, bodily fluids, or contaminated food. Not taking proper precautionary measures could lead to diseases like rabies, hepatitis, and salmonella.
Radiation Exposure
Those working in medical institutions, nuclear industries, and laboratories are at a greater risk of being exposed to ionizing radiation. Exposure to radiation is measured in millisieverts (mSV), with different regions and states having different regulations limiting occupational exposure to a certain limit. In any case, prolonged exposure can always lead to cancer and other health issues.
Asbestos and Carcinogenic Materials
In the construction industry, the most significant concern is related to asbestos exposure. It is used mainly because of its insulating, fire-resistant, and durable properties, making it effective for roofing, insulation, and fireproofing a building. Workers are exposed to asbestos during demolition and renovation of older buildings. Similarly, activities like sanding, cutting, or disturbing asbestos materials increase the risk of exposure through inhalation.
Heavy Metal Poisoning
Exposure to heavy metals like mercury, lead, and cadmium can also result in serious health problems. It is more common in certain industries like battery manufacturing and recycling, plumbing, smelting, chemical production, electronics manufacturing, and pigment manufacturing.
Why Are Lawyers Essential in Toxic Exposure Personal Injury Claims?
Toxic exposure cases are amongst the most challenging areas of personal injury law. As they require a clear understanding of medical evidence, scientific principles, and intricate legal procedures, only experienced lawyers can offer the guidance a person needs when filing a claim. Here’s more about the way lawyers can help:
Initial Case Evaluation
A legal expert will first thoroughly evaluate a case before accepting it. They pay attention to various circumstances surrounding the case itself and then assess any potential legal merits and demerits of the case. They also consider the type of toxic substance involved, the duration of the exposure, the client’s medical history, and potential sources of exposure.
Identification of Liable Parties
Once they accept the case, they begin by identifying all potentially liable parties. They review workplace safety reports and employment records. They also analyze property ownership and investigate suppliers and manufacturers of toxic substances. Sometimes, they even engage forensic experts to trace the origin of toxic substances.
Establishing Employer Negligence
While evaluating the case, experienced lawyers will always focus on how to prove employer negligence. This can be done using substantial evidence. Workplace safety records, employee training materials, maintenance logs for equipment, and documentation involving access to personal protective equipment are the details lawyers use to reach a conclusion.
Documenting the Extent of Damage
Once they have gathered all the details, it gets easier for them to document the full extent of the damages. They consider medical expenses, lost wages and earning capacity, loss of quality of life, pain and suffering, and emotional distress when determining the extent of damages and deciding on fair compensation. They also negotiate with insurance companies, which is never easy. If it doesn’t work as planned, they get ready to take the guilty party to court.
Endnote
From evaluating your toxic exposure claim and gathering evidence to negotiating with insurance companies and representing you in court, an experienced lawyer can help you with everything. So, don’t waste your time and connect with a lawyer to see how you get the right compensation for your personal injuries.
Featured Photo by cottonbro studio
