Every day, we come into contact with chemicals intentionally or unintentionally. This may be in our line of work or even in our own homes. Nonetheless, these chemicals that we are exposed to can be toxic and extremely harmful to our health. Chemical exposure can cause conditions such as organ damage, reproductive issues, burn injuries, and much more depending on the type of chemical that you were exposed to.
According to the Centers for Disease Control and Prevention (CDC), in a study including nine states in the United States, 57,975 chemical accidents were reported over 10 years, which resulted in 354 deaths. This is an astounding number and each victim deserved justice and compensation for what they went through. This is where we can help you.
At Agruss Law Firm, LLC, we have helped thousands of clients to seek justice and compensation for personal injuries, and you won’t owe us a penny for our services unless we win your case. If you or a loved one has been injured due to a chemical accident, contact our office today for a free consultation.
Chemical accidents could practically happen anywhere depending on the circumstances, however, they occur most frequently when people are working certain types of jobs where they may be handling chemicals. The CDC found that the top five industries in which chemical accidents occur are chemical manufacturing, educational services, food manufacturing, truck transportation, and utilities. A careless coworker or other people may cause the accident and it may injure or impair you and your functioning in one or more ways. But, they also can even happen in your own home, too. Some common settings where these accidents occur include the following:
Chemical accidents can transpire in a number of ways that are mainly dependent on the setting and circumstances. Despite many efforts to prevent their occurrence, there are still ways in which accidents can happen. People may assume that a chemical accident is an instantaneous accident that occurs due to action directly and immediately causing the injury or harm. However, chemical accidents can also be from long-term exposure that has built up to result in the injury or harm from which you are suffering. This may be days, weeks, or even years.
According to the Chemical Safety and Hazard Investigation Board (CSB), there are a few primary reasons why these accidents occur. These are commonly cited reasons that we, as attorneys, see as well in cases that we have handled:
These types of cases are judged on the basis of negligence and often classified under the term, “toxic torts.” This is a type of personal injury legal claim for injuries or damages that resulted from some kind of chemical exposure. The statute of limitations for personal injury claims in Illinois is two years. This means that you must file your injury claim within two years of the date of the accident in order for it to be accepted and considered valid. Depending on your accident, there are many possible at-fault parties to take action against.
Negligence involves proving its four elements. First, you must prove that the defendant owed you a duty of care. Then, you must prove that that duty of care was breached, which can be shown by the accident itself being caused by the person. Then, you must prove that their actions or inactions were the direct and actual cause of the accident that caused your injury. Lastly, you must be able to prove that you did suffer actual damages and injuries which can be proven through medical records and bills, witness testimony, and more. Generally, you should be able to provide evidence that it was, in fact, this accident that caused your damages. This can be difficult at times in these types of cases. But, with our consultation of scientific and chemical experts, we will work to prove that the chemical that injured you was indeed the cause of your damages.
Your employer could be found liable if they failed to keep up with their responsibility of inspections and maintenance of the equipment that proved to be the cause of the accident, or if they did not properly train you (or failed to train you at all) on safety procedures, equipment, or gear. Your employer could also be found liable if they improperly stored the chemicals contradictory to state or federal laws and guidelines.
The property owner of the property on which you were exposed to harmful chemicals could be liable if they failed to inspect or maintain the property which would have prevented such an accident from ever occurring. This is classified as a premises liability case.
Your coworker could be found liable if they directly caused the accident due to their missteps, such as spilling a chemical, intentionally mishandling it, or some other action or inaction which resulted in your injuries.
The manufacturer, distributor, or any other actor in the chain of distribution of the equipment that malfunctioned and caused your accident could be found liable if they did not safely construct it for its proper and intended function. This may be if its mechanisms were defective or if it did not properly protect you from the chemical. This is classified as a product liability case.
Chemical accidents can be traumatizing and devastating to deal with. It can result in countless medical conditions such as chemical burns, infertility, lung cancer, and even death. The medical costs to take care of yourself can be enormous, but that is why we are here to help you. One of our experienced attorneys will work tirelessly with you to protect your rights and get these medical expenses out of the way through a successful claim or lawsuit. Some damages that you can recover after a chemical accident include the following:
If you or a loved one has been injured due to a chemical accident, contact our office today for a free consultation.
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