A toxic substance is something which is considered to be harmful to the human body. As such, toxic exposure occurs when the human body comes into contact with a toxic substance, generally in a specific amount.
There are many different types of toxic exposure, which can occur in many different environments. Some of the most common examples of toxic exposure would be:
- Exposure to chemicals in the workplace;
- Exposure to mold, such as dangerous types of black mold;
- Exposure to Asbestos;
- Exposure to lead paint;
- Exposure to toxic fumes from various activities such as welding;
- Dangerous chemicals in defective drugs and medication;
- Environmental contamination from the release of certain gasses or toxins; and
- Soil or groundwater contamination from dumping wastes and chemicals.
Personal injury law addresses circumstances in which one party is harmed by another. Toxic torts refer to specific personal injury cases in which the plaintiff alleges harm due to exposure to some type of toxin or chemical. The factors that are necessary to prove a toxic tort case are similar to the factors that must be proven in a typical negligence case.
As such, you must show that:
- The Defendant Owed You a Legal Duty: In cases which involve contamination of the environment, you could prove that a company owed a duty to the residents of the locality not to dump any chemicals, which would contaminate the soil or groundwater;
- The Legal Duty was Breached: Duty is determined based on the reasonable person standard, which considers how a reasonable party would act in the same situation. In cases of environmental contamination, you could prove that another company in a similar situation would have exercised more care in order to avoid dumping chemicals which are toxic. You could also assert that another company would have complied more strictly with relevant environmental regulations;
- The Breach of Duty Caused You Harm: You must prove that the breach of legal duty was the direct or proximate cause of the harm that you experienced. This can be considerably complicated, especially if more than one party is potentially involved. An example of this would be how an owner of a property with toxic chemicals can claim that the builder is responsible, while the builder can claim that the owner did not properly inspect or maintain the property so they are actually responsible; and
- You Actually Suffered a Specific Harm: This involves proving that you suffered a particular harm because of the defendant’s actions, such as by using medical bills or missed work days in order to prove this.
What Is An Occupational Disease?
An occupational disease is an injury, illness, or medical condition that a worker gets by working at a specific job or in a particular industry. Generally speaking, a large group of workers from the same job or industry will all share similar illness symptoms, or injuries will be diagnosed with the same work-related disease. Occupational diseases are often a result of working in unsafe working conditions.
Workers’ compensation claims and personal injury lawsuits are frequently filed as a result of a worker suffering from an occupational disease, as work-related disease laws and occupational exposure laws exist to protect workers. Every worker has a right to a safe working environment. The U.S. Department of Labor’s Occupational Safety and Health Administration, or “OSHA,” can help workers better understand their legal rights and options when they have an occupational disease.
Work-related diseases are most common in jobs that require repetitive movements, as well as in working environments that have:
- Poor air quality;
- Hazardous chemicals; and/or
- Bad lighting. Occupational diseases may also result from long-term exposure to digital technology screens.
Industries that are most commonly associated with occupational diseases in workers may include:
- Mining;
- Factory assembly plants;
- Animal slaughterhouses;
- Textile factories; and
- Hairdressing and nail salons.
Some of the most common examples of occupational diseases include:
- Lung diseases, such as emphysema;
- Cancers or illnesses caused by chemicals such as asbestos;
- Muscle strain, arthritis, and joint injuries from repetitive motions;
- Vision and hearing impairment;
- Skin conditions including eczema, burns, and blistering caused by contact with chemicals, electricity, or machinery;
- Back and spine injuries associated with heavy lifting;
- Breathing problems such as occupational asthma caused by poor air quality;
- Loss of limbs; and
- Head injuries, neck injuries, and limb injuries.
In order for a disease, injury, or illness to be considered an occupational disease, the medical condition must have been directly caused by working in the worker’s job or industry. If the medical condition existed before a worker started working in a specific industry, or if the injury or illness mostly occurred outside of work, it may not be considered an occupational disease. The expert opinion of a medical doctor or employment lawyer can help you determine whether your medical condition qualifies as an occupational disease.
What Is Interstitial Lung Disease?
Interstitial lung disease (“ILD”) refers to various diseases and conditions that affect the lung’s interstitium. These are the tissues and spaces that surround the air sacs in the lungs. Technically, ILD is not a single condition or disease, but encompasses many pathological processes which may affect a person’s breathing.
Interstitial lung disease is frequently associated with many different industrial diseases and occupational diseases, such as popcorn lung or other breathing-related diseases.
Interstitial lung disease can be caused by many factors, such as:
- Exposure by inhalation to toxic substances, such as silica dust or asbestos;
- Certain treatments for existing conditions, such as antibiotics or chemotherapy drugs;
- Infection, such as tuberculosis; and
- Prolonged conditions, such as pneumonia.
Many cases of ILD result from inhalation or exposure to toxic materials.
Numerous legal claims and lawsuits are filed each year in relation to ILD, as many of them involve exposure to chemicals and substances in an industrial work environment. As such, employees often sue an employer or other company if they have been negligently exposed to chemicals, including asbestos or silica. A legal claim may result in monetary damages awards which help the injured party cover medical fees, lost work wages, and other such costs.
What Else Should I Know About Toxic Exposure?
Work-related injuries are not addressed through common personal injury lawsuits, even if the employer was directly responsible for the exposure which occurred. Rather, these injuries are addressed through the workers compensation system, which all of the fifty states have enacted. A workers compensation claim is generally the sole remedy for injuries which occurred while on the job.
However, if the employee was injured by a substance such as asbestos which was manufactured by a third party, they may be able to bring a claim against the manufacturer of the substance in a standard civil lawsuit. Additionally, cases which involve defective medications or drugs may be brought as a product liability case, rather than a toxic tort case.
When a toxic substance affects a large number of individuals, a plaintiff may join a class action lawsuit. This is a legal claim which is brought by a group of individuals who all suffered either the same or a similar injury, because of the same defendant’s conduct.
Statutes of limitations set the time limit in which a particular claim can be brought against a defendant. It is important to keep this in mind because claims for damages must be brought within a set time period, generally two or three years after the incident occurred.
This can be complicated for toxic exposure cases, as an injury from exposure may show up several years later as a serious medical condition. Many states have a “discovery rule” to address the issue, so that the statute of limitations does not begin until the injury is known or reasonably should have been known.
Do I Need A Lawyer For Help With Interstitial Lung Disease?
You should hire an experienced class action attorney if you need help with a legal claim associated with interstitial lung disease.
An experienced personal injury attorney can help you understand your legal rights and options, as well as help you join any existing class action lawsuits. Your personal injury lawyer will also be able to represent you in court, as needed.
