19 October, 2020
We are never safe from harmful chemicals in the air, but there are some instances where exposure to chemicals like benzene, radon, asbestos and vinyl chloride is easily preventable. Large corporations, for one, are required by law to set up safeguards to reduce toxic exposure.
While no one in their right mind would release these substances and endanger the lives of at-risk individuals, you can’t always expect people to know which chemicals are harmful. What you can do is to hold these people liable if you or someone you know has developed long-term health conditions as a result of exposure.
Vomiting and nausea comprise a fraction of the symptoms you get from toxic exposure. There’s also the risk of cancer and respiratory illnesses that will put you in danger. Whether or not you’re working under hazardous conditions, you will need to hold an individual or an organization liable and secure your toxic exposure claim. Here’s how to do it right:
Select the right claim to file
The most common form of toxic exposure is asbestos poisoning which affects 20% of workers in the construction and manufacturing sectors. While there is no definite term for a claim involving exposure to toxic materials, workers can file either a personal injury claim or a wrongful death claim, depending on their situation.
If you developed asbestosis or other related illnesses on the job, you can hold your employer accountable and demand your claim by way of worker’s compensation. If worse comes to worst, your loved ones can still file a wrongful death lawsuit through your attorney.
Know the statute of limitations
The symptoms of toxic exposure may appear immediately or during later years. In fact, asbestos-related illnesses take up to 20 years to manifest. This complicates the process of filing a claim for an injury that takes a longer time to develop.
Compared to other types of personal injury that allow claimants a maximum period of six years for filing a claim, toxic exposure is interpreted under special rules. For one, courts use the discovery principle for determining the statute of limitations for asbestos poisoning. This means that you are only allowed to file a personal injury claim after you are diagnosed with an asbestos-related illness. If your state gives you only two years to file a claim, you may have missed your chance if you were unable to do so shortly after your diagnosis.
Work with the right lawyer
There is a need to review the laws covering injuries that need a longer time to develop, but for now, it’s best that you work with a law firm that will address the complexities of your case and maximize your claim for the pain and suffering you go through. For Bergman Legal, the key is to find seasoned lawyers who will best represent your side if the case goes into trial.
Never let yourself be a victim of preventable toxic exposure. Exercise your right to better health and security by keeping these three important tips in mind.
