It may be difficult to imagine that pollution can be invisible. Ozone, however, starts out just that way.
As it mixes with other pollutants, it may be referred to by its more common name, smog. Ozone is currently one of the least controlled pollutants in the U.S.
Ozone is also considered one of the most dangerous pollutants.
Ozone is a colorless gas that has a pungent and distinct odor. Ozone that is man-made is what results from internal combustion engines and industrial plans.
An individual may be exposed to ozone through breathing air that is highly concentrated in an industrial plant or near a large number of automobiles, for example, in urban areas.
There are risks associated with exposure to ozone. Short-term risks through inhalation may result in respiratory ailments, including coughing, wheezing, and difficulty breathing.
If an individual also suffers from asthma, they will experience an aggravation of that disease as well as an increased susceptibility to respiratory infections. Long-term exposure to ozone may lead to:
Emphysema is an obstructive lung condition that affects an individual’s breathing and airways. This condition of the lungs slowly destroys the air sacs or alveoli.
The alveoli will swell and then eventually rupture. An individual will then begin to experience shortness of breath. This disease develops when the lungs are continuously irritated by some type of chemical, which may come from:
Common symptoms of emphysema include:
Yes, emphysema may be classified as a work injury, depending on the circumstances. Work injuries are injuries that develop or occur when an individual works at a specific job.
The injuries occur because the worker is required to engage in a task that leads to their injuries. The term work injury may also refer to an injury that occurs during employment hours or while the employee is on their employer’s premises.
These types of injuries may include respiratory illnesses as well as other illnesses that are commonly referred to as industrial diseases.
No, an individual cannot file a lawsuit and receive workers’ compensation. In exchange for receiving workers’ compensation, the worker gives up their right to sue their employer in a civil court for the injuries they sustained while on the job.
Benefits that are provided through workers’ compensation will vary according to the type and degree of the individual’s injury. However, they typically include:
Workers’ compensation programs are insurance programs that are mandated by each individual state. They provide compensation for employees who experience injuries at work, which may include compensation to cover medical bills.
Workers’ compensation guarantees the employee benefits, regardless of who is at fault, and without requiring the employee to prove fault on the part of their employer.
What party can be held liable for an individual’s ozone exposure injury will depend on the nature of the exposure. For example, if they were exposed at work, their employer may be liable.
The Occupational Safety and Health Administration (OSHA) regulates employee exposure to ozone gas through its Air Contaminants Standard. If an employer violates these standards, they may be held liable for their employees’ injuries.
As noted above, an individual can obtain workers’ compensation or file a personal injury claim, but not both.
A personal injury claim is a type of lawsuit an individual files when they have sustained an injury because of the defendant’s actions or failure to act. The injuries a plaintiff suffers may be physical, mental, or both.
If the plaintiff prevails, the court or jury may award monetary damages for personal injury. Examples of physical injuries that would arise in personal injury ozone claims would be related to the lungs, such as asthma, emphysema, or other related illnesses.
Examples of mental injuries may include emotional pain and anguish the individual experiences because of their disease or the difficulties they have related to their breathing. Injuries in personal injury claims do not have to occur instantly and may develop over time, as ozone injuries typically do.
Personal injury claims can occur intentionally, although that is not typical in ozone cases unless an employer deliberately attempts to expose employees. It is more common for these types of cases to be based on negligence.
Typically, the employer will have violated OSHA regulations regarding the amount of ozone that employees can be exposed to. Most likely, this is a result of some type of negligence, such as failure to check the levels or a miscalculation of some type.
If an individual has been injured due to ozone exposure and has filed a personal injury lawsuit, they may be entitled to compensatory damages. A plaintiff can recover two categories of damages: damages for their injuries and damages for the consequences of those injuries.
The law recognizes a distinction between two types of compensatory damages: general damages and specific damages. General damages are the damages, or monetary amounts, that are awarded for the individual’s injury itself.
These damages are awarded to compensate the individual for their trauma, mental anguish, and pain and suffering. They cannot be given a monetary value. This means that, in order to recover these types of damages, typically, a medical expert will be required to testify and assign a monetary value. This may include physicians and psychiatrists.
Special damages are damages that are awarded to compensate an individual for the specific consequences of their injuries, including medical expenses and loss of wages. These types of items can be given a precise monetary value.
For example, a bill from a doctor can show the amount of medical bills due. An individual’s pay stub can be used to show the amount of earnings they lost due to their injuries.
Special damages are awarded to compensate an individual for those costs that their insurance or medicare and medicaid did not cover.
The statute of limitations (SOL) is the time limit in which a plaintiff has to bring their claim or lawsuit. If the statute of limitations expires before a plaintiff files their claim, they may be barred from bringing their lawsuit and, therefore, may not be able to recover any type of compensation for their injuries.
The SOL laws are intended to preserve evidence as well as to reduce the likelihood of false claims being made. It is important for an individual to be aware of the statute of limitations that may apply in their case in order to prevent them from losing the opportunity to receive compensation for their injuries.
The statute of limitations for different types of personal injury claims vary by state. Because each state has its own laws, an individual should consult with a local attorney to determine the laws in their state.
It is also important to note that the statute of limitations may be tolled or extended in certain cases where an injury did not develop immediately. For example, the SOL would begin for an automobile accident claim on the date of the accident in most cases.
However, in cases such as ozone exposure, the SOL may begin on the date the individual began having symptoms and knew, or should have known, of their injury and sought medical help.
If you or a loved one has suffered injuries due to ozone exposure, it is important to consult with a class action lawyer as soon as possible. Your lawyer will help you determine the parties who are responsible for your exposure and help you obtain proper compensation for your injuries.
Ozone exposure cases can be very complex and will likely require expert testimony from multiple types of experts, including medical experts. Having an attorney handle your case will give you the best chance of obtaining compensation for your injuries and losses.
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