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New York Personal Injury Attorneys

Who is Liable After Exposure to Toxic Substances?

December 23, 2022 in

Chemical hazards and toxic substances are common job hazards that construction workers often come into contact with. Being exposed to toxic liquids, gasses, vapors, fumes, and particles can be a common workplace occurrence but it can also cause serious and fatal worker injuries, including painful chemical burns and even death. If you are exposed to these toxic substances while working, you may be entitled to compensation. Read on to find out who is liable after exposure to toxic substances.

How Common Is Exposure to Toxic Substances?

According to the Occupational Safety and Health Administration (OSHA), employers are required to identify and evaluate respiratory hazards in their workplaces. While engineering and work practice control measures, such as properly using a respirator, can mitigate some of the risk of working with toxic and hazardous chemicals, mistakes happen. Each year, the agency receives reports of more than 190,000 illnesses and 50,000 deaths that can be attributed to chemical exposures.

What Qualifies as Exposure to a Toxic Substance?

Chemical spills, toxic vapors, and hazardous substances in building materials are necessary to complete some jobs correctly. However, while these substances are necessary, not mitigating the risk of exposure to these occupational hazards can harm construction workers unnecessarily, resulting in immediate symptoms or long-term negative health effects. 

Common Exposure-Related Injuries and Illnesses Include:

  • Chemical burns
  • Eye injuries
  • Skin irritation or rashes
  • Respiratory problems
  • Asbestos-related illnesses (including mesothelioma)
  • Birth defects
  • Organ disorders or failure
  • Nervous system disorders

I’ve Been Exposed to Toxic Substances. Who Is Liable?

When employers fail to mitigate risk, either by failing to provide proper equipment, training, or education, dangerous mistakes happen that can lead to immediate or long-term injury. While some workplace injuries, such as chemical burns, can develop right away, others may take months or even years after the date of exposure to appear, making it difficult to determine exactly who is liable.

Employers have a duty to provide the highest levels of safety for their employees. If they do not carry out this responsibility to its fullest extent, they may be responsible for the injury and the injured party has the legal right to file a claim. 

If you believe you are a victim of negligence following exposure to a toxic substance it is crucial that you seek out legal representation so that a legal professional can evaluate the claim and detect potential avenues for compensation that someone with no legal training may overlook. 

Contact the New York Attorneys at SPBMCC To Schedule a Free Consultation

If your lawyer can prove that a contractor or property owner failed to provide you with safe working conditions resulting in your injury or illness, you could receive compensation for past and future medical bills, pain and suffering, and lost wages. A lawyer may also be able to negotiate a higher compensation claim settlement on your behalf. For more information about toxic substance exposure cases in New York City, contact our law firm to request a free consultation.

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