Occupational Disease & Toxic Torts

A tort is an injury incurred by an individual due to the carelessness of another. A toxic tort is considered injury incurred by a toxic substance due to the carelessness or negligence of another. These toxic torts are often work related injuries and or diseases. In both cases, the law deems the injured party in entitled to compensation, be it financial or health care oriented.

Advances in technology and industry have led to brilliant developments in the world's economy and structure. Unfortunately, the advancement comes at a high price. Individuals in certain industries are exposed to toxins on a daily basis. Constant or overexposure to materials such as asbestos, lead paint, dry cleaning fluids, pesticides and more have irreversible and often fatal consequences. Toxic torts of this type can include injuries such as brain damage, kidney problems, birth defects, cancers and other health issues.

Toxic torts and the injuries involved are often due to unregulated use of substances, improper disposal of substances that lead to tainted waters and soils and lack of better-developed alternatives to toxic substances. Often the companies involved that are accused of negligence are proven to have prior knowledge of existing toxins in the workplace and are guilty of ignoring the hazards risked by employees.

Exposure to a toxin and the effects of the toxin are not isolated to one individual. More often, a group of people will suffer from similar medical problems due to the proximity of time and space as related to the exposure. Lawyers will often group the toxic torts of these individuals together and argue what is known as a class action suit. Proving damage has been done to many individuals under the same circumstances is easier than proving environmental damage for just one individual. Many toxic torts are brought to court in this manner.

While large corporations can be intimidating and may have teams of lawyers on hand to combat toxic tort cases, proving a toxic tort is easier than trying a criminal case. An individual or group of individuals with a claim must prove that the medical issues they experience are most likely a result of the negligence of another. Unlike with criminal cases, it does not have to be proven 'without a doubt.'

Because many of the medical injuries incurred via toxic exposure are irreversible, lawyers will often seek financial retribution and compensation for past and future medical expenses as well as compensation for loss or lack of employment due to injury, among others.

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Toxic Tort News

Toxic tort (injuries) is often difficult to substantiate. That is why following toxic tort news can help safeguard you and your loved ones. The difficulty with taking toxic tort lawsuits to court is due in part to the fact that many injuries and illnesses fail to produce symptoms for years after the initial exposure. In addition, injuries due to toxic exposure can occur on the job, or may occur simply by living in a community poisoned by an industry. One case that falls into the latter category that is much present in toxic tort news is the case of The Tallevast Plume.

Tallevast, Fl. was once the home of a beryllium plant that operated from 1961-1996. The plant that covered some 200 acres, and as a result of production used cancer causing agents in the production of nuclear weapons parts. They operated in relative impunity for many years. It wasn't until the year 2000, that contaminants were found on the property, and it had by that time changed hands to Lockheed Martin. Lockheed Martin did not operate the production that led to the contamination, but as the current owners of the property, were ordered to do cleanup on the site.

Covering the local toxic tort news, The Brandenton Herald reports that Lockheed has misrepresented the extent of the contamination and has in addition according to reports indicated that Lockheed may have misinterpreted data on dozens of key areas in their assessments of damage. Another contradiction between Lockheed's data and that of independent reviewers is the potential risk of the toxic plume penetrating Florida's aquifer. This bit of toxic tort news is significant for a few reasons. For instance it is an example of how prolonged exposure can be before a risk is even exposed. This beryllium plant operated for over 40 years before contamination was identified. Then it was only after the business changed hands before clean up was ordered. While Lockheed can be held responsibility to clean up the site, it may be impossible to hold them responsible for illness or disease that occurred as a result of nuclear weapons production. Another example of how this toxic tort news is consistent with difficult litigating on toxic tort can be, companies often withhold data, or are working with incomplete information. In this case, fortunately, there are oversight entities monitoring the reporting and the cleanup.

For residents of Tallevast and neighboring communities this toxic tort news is troubling indeed. Chemicals from the plant may lead to increased risks of cancer, other illnesses, and birth defects may affect their families for generations to come. Keeping appraised on toxic tort news can help you protect yourself and your family. The EPA regularly posts relevant toxic tort news, however they should not be your only source of toxic tort news. Environmental groups often feature toxic tort news that will keep you informed. If you have reason to believe that you have been exposed to a substance in toxic tort news contact a reputable tort lawyer to help you assess your case.

Occupational Disease Statistics

It is difficulty to make an accurate assessment of all the injuries and illnesses that are a direct result of the workplace for a few reasons. Occupational disease statistics try to account for as many of theses illnesses as can be tracked. For instance many injuries and incidences are not reported at all. Some of these may not be reported as occupational disease statistics for fear of reprisals or potential loss of employment. Also some illness or injuries may not show up for a delayed period of time, and may also be misdiagnosed.

An example of this for instance, is toxic exposure from work related chemicals as may be seen in Benzene exposure that has been classified as a carcinogenic by the EPA. Another case where symptoms may be misdiagnosed and not be reflected in occupational disease statistics is the exposure to toxic welding fumes that can lead to a Parkinson's like neurological disease called Manganism. This disease is often misdiagnosed. Occupational disease statistics have provided strong evidence that some occupations are at risk for sometimes devastating illnesses. Occupational disease statistics that reported cases of exposure to toxic chemicals on the job projected an estimated 600 people die annually. Further there are reported cases of death related to work site exposure to allergic causing substances, methane and gas exposure, there are also several cases annually of electrocution, heat or cold exposure, and carbon monoxide poisoning.

Occupational diseases statistics generated by OSHA also indicate that employees miss work due to work place exposure to noxious, and toxic substances, and reports disease of the blood, nervous system, carpal tunnel, Legionnaires' disease, dermatitis and asthma, to name a few. In fact occupational disease statistics estimate that thousands of people annually are made sick by their workplace environment. Examples of how this occupational disease statistics break down, up to 10% of workplace related illnesses result in cancer, up to 3% result in neurological diseases, and up to 10% result in cardiovascular disease.

Sadly, despite these occupational disease statistics, many employees may not be aware of the risks associated with their occupations until they have already begun to become ill. If you have symptoms of illness that may be associated with your profession such as a welder, or chemical worker, consulting with a qualified health care professional. Further if there is evidence that you have a work related disease, contacting a tort lawyer in a prompt fashion may also help assure that you receive compensation for your illness. Occupational disease statistics help bring light to the risks that employees experience on the job due to toxic substances and related influences, but they relate only a fraction of the actual illnesses attributed to the work place. There are statues of limitations on workplace injuries and a trained lawyer can help you while you have time. No amount of money can replace your good health but a lawsuit can help you reduce some of your stress and assure you get the treatment you deserve.

Toxic Tort Statutes of Limitations

Toxic tort statutes of limitations can interfere with your ability to file a claim if you've been exposed to toxic substance and as a result suffer a disease or illness. Toxic torts are lawsuits designed to help victims receive compensation for countless maladies associated with the devastation effects of some chemicals. Chemicals like benzene, PCBs, Agent Orange, lead paint, electro-magnetic fields and asbestos lead to thousands of cases of disease. Many of these cancers may result in death. Toxic tort statutes of limitations are ridged in many jurisdictions, so it is imperative to begin litigation as soon as possible once a problem becomes known.

A specialized toxic tort lawyer will know the toxic tort statutes of limitations governing a particular case to help assure that victims have a fighting chance to collect damages in these cases. Further toxic tort statues of limitations vary sometimes significantly from state to state. As a potential litigant in a toxic tort case, learning what toxic tort statutes of limitations apply to your case can make all the difference. Toxic tort statutes of limitations are complicated and you need help to determine hw much of a factor they are in your case.

A toxic tort attorney will also need time to sort through complicated medical records, records surrounding exposure, and interview experts and review relevant testimony. This can be a time consuming process, and the courts will not wait beyond the toxic tort statutes of limitations. If you were exposed on the job for example, employment records will likewise need to be evaluated. Toxic tort statutes of limitations can add stress to an already stressful situation. Finding a trusted and competent lawyer will help reduce the anxiety by doing the legwork and keeping an eye on the deadlines while you address your health issues.

Toxic torts will often help with medical expenses, loss of work and often pain and suffering that result from exposure to toxins. Toxic tort statutes of limitations must be addresses as a serious component in any tort litigation. Once you have become aware of your exposure to a toxic substance either on the job or elsewhere in your environment seek prompt medical attention and contact a tort lawyer in order to get the process started. Toxic tort statutes of limitations can be a daunting feature, but a qualified attorney can help minimize the effect of these limitations by aggressively pursueing your case or the case of someone you love.