Toxic agents exist all around us, and exposure to those agents can have severe consequences. While exposure to toxic agents can occur almost anywhere and at any time, the threat of exposure is greatest in the workplace. On a daily basis, thousands of workers across the country lace up their shoes and head to work, only to be exposed to significant concentrations of toxic agents on the job site. Unfortunately for some of these workers, exposure can have devastating consequences, including permanent and debilitating damage to vital organs, cancer and death. Even more disturbing, the connection between a condition and the workplace is often overlooked due to a failure to warn by the employer or the product manufacturers, or simply due to a lack of awareness on behalf of the victim or his physician.
Quite often, the employer has no idea that products used on a jobsite are dangerous because the product manufacturers fail to warn of their dangers. In other circumstances, products designed to make the workplace safer, such as respirators, ventilation equipment, and safety guards, are defective or fail, thereby creating the false impression that the workplace is safe when it is not. These situations are limitless, and in many circumstances the victim can seek the full panoply of tort remedies.
Lung and respiratory ailments, such as pulmonary fibrosis, various lung cancers, leukemia (including acute myeloid leukemia), lymphomas, nasal cancer, asthma, silicosis, mesothelioma and various industry-specific lung ailments (flock worker’s lung, black lung, farmer’s lung, etc.) are common and potential devastating conditions. Those that work in the manufacturing, mining, smelting, soldering, refining, grinding, recycling, welding, transportation, paint, solvent, textile, electrical, plumbing, jeweler, cosmetology, agriculture, funeral and chemical industries are particularly at risk and should monitor their symptoms closely.
These cases are extremely difficult to litigate given the number of legal and factual hurdles that exist. For instance, the statute of limitations is oftentimes a major hurdle. A person diagnosed with a condition that they believe is related to a toxic exposure should contact a lawyer immediately, as their statute of limitations (depending on the jurisdiction) may begin running from the time the condition manifests. In addition, there are a number of factual hurdles. Depending on the case, the fact a person smoked can be devastating to that person’s exposure case. In addition, genetics (especially in cancer cases), previous treatments, and identification of the product or toxic agent at issue can be major hurdles to these cases.
Our law firm is investigating cases where exposure to toxic agents led to severe injury or death. These are very difficult cases that require careful consideration, but we have the staff and the resources to evaluate and litigate them. If you have any additional questions concerning toxic exposure, contact Rhon Jones or Parker Miller, lawyers in our firm’s Toxic Torts Section, at 800.898.2034 or Rhon.Jones@beasleyallen.com and Parker.Miller@beasleyallen.com.
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