A Toxic Exposure Lawyer Can Help You Get Compensation
The workplace is often filled with byproducts or ambient debris that could cause damage or contain damaging toxins. Exposure to these toxins can result in the need for prolonged medical care and significant time missed from work and may do permanent damage that can even lead to death. When workers sustain chemical burns or injuries and illnesses stemming from the inhalation of injurious airborne fumes, they may be entitled to workers’ compensation benefits or compensation through a personal injury lawsuit.
If you or a loved one was injured or someone has died from exposure to toxic chemicals at work, the New York Toxic Exposure Injury Lawyers at Kaplan Lawyers PC can help you to receive the medical care that you need and maximize the potential of your benefits claim, recovering your potential earnings and providing for all related medical bills. We know the laws and the system and are fully prepared to guide you through the process of getting fair compensation. Our experienced, knowledgeable, and compassionate lawyers will be with you every step of the way.
At Kaplan Lawyers PC, we side with workers. Our clients know that we won’t let them be taken advantage of by their employers when they suffer a work injury. Let us fight for you.
We offer a free consultation to evaluate your case and determine the best way to proceed. Call our New York work injury lawyer at (516)-399-2364 today.
Lawyer for Toxic Exposure at Work Knows How Injuries Happen
Toxic substances are used for a wide range of applications in the workplace, and some industries put employees at an increased risk of exposure to dangerous chemicals that can cause serious injuries. Employers in these industries are supposed to protect employees who handle chemicals, toxins, and fumes and reduce the risk of chemical accidents by adhering to strict safety protocols and providing protective equipment. However, not all employers follow regulations or provide adequate safety training and equipment. As a result, workers risk damage from inhaling harmful fumes and sustaining chemical burns.
Some toxins that can lead to serious illness include:
- Herbicides and pesticides
- Chemical powders and fumes
- Diesel exhaust
- Fuel oil
If an employee is involved in a workplace incident involving a spill or contamination event, the negligent employer at fault may be held accountable for the worker’s damages.
Our Toxic Exposure Lawyers Know Diseases That May be Related to Toxic Exposure
The Occupational Safety and Health Administration regulates hazardous substances in the workplace. According to OSHA, there are many ways you might have been exposed to dangerous toxins.
Not all forms of toxic exposure become immediately apparent. Often, the side-effects only manifest at later dates, sometimes years after exposure. As a result, workers may not be aware of the link between their chemical exposure and the disease that resulted.
At Kaplan Lawyers PC, we specialize in making the connection between your toxic exposure and your injuries, establishing your claim, and solidifying your ability to attain benefits. If you have any of the following conditions or illnesses, it’s important to contact our NYC toxic exposure injury attorneys right away:
- Kidney disease
- Lead poisoning
- Liver disease
- Chemical burns
- Skin and eye exposure injuries
- Respiratory complications
- Lead poisoning
- Other toxic exposure-related injuries or illnesses
New York Toxic Exposure Lawyer Determines Whether You Are Entitled to Workers’ Compensation
Workers’ compensation pays for lost wages in situations where covered workers sustained a workplace injury that is work-related, but the amount is limited by certain factors and percentage formulas set out by law and by the type of injury or disability. You may also be entitled to additional coverage for expenses such as medical bills and for help getting back to work.
To be covered under New York workers’ compensation laws, the following must exist:
- Your employer provides New York workers’ compensation, and you are a covered worker under the law.
- Your accident, injury, or illness is directly connected to the job and happened while you were doing work-related duties.
- You gave your employer a written notice of what happened within 30 days from the date the injury, illness, or accident occurred.
- You provided a medical report from your treating physician stating that your disability was caused by an on-the-job accident or condition.
Be aware that workers’ comp is insurance. Employers’ premiums go up when you collect benefits, and insurance companies want to pay out as little as possible and have high-powered lawyers on their side working to deny claims. Our Kaplan Law work injury lawyers are aware of the tactics they use and will do everything possible to ensure your claim is successful.
When you have us on your side, we will:
- Investigate your case to get evidence as to how your injury occurred, why you were exposed to dangerous chemicals, and who is to blame
- Make sure you get proper medical treatment and care
- Ensure that all paperwork is done properly and in a timely manner
- Negotiate with insurance companies for fair compensation
- Appeal any denials.
When You Can File a Toxic Exposure Lawsuit
Our NYC Toxic Exposure Lawyers Can File a Lawsuit if You Can Go Beyond Workers’ Comp
New York’s labor laws are written to force owners and contractors to ensure that workers are given necessary safety gear and that reasonable protective measures are in place. When they fail to do so and you are harmed by toxic exposure, you may be able to go beyond workers’ comp and file a lawsuit for personal injury or wrongful death.
While workers’ compensation protects employers from claims of negligence resulting from occupational injuries and illnesses, our attorneys can help you file a claim against a third party whose negligence contributed to your injury. You also may file a lawsuit if you are an independent contractor or not covered by workers’ comp.
Parties whose negligence contributed to your toxic chemical injury or illness might include:
- Manufacturers of the chemicals or protective equipment
- Property owners
- General contractors or subcontractors
- Truck drivers and the companies they work for.
Examples of negligence that may lead to toxic exposure include failure to:
- Warn about the health dangers related to harmful chemicals
- Disclose harmful substances in products used in the workplace and train employees on how to safely handle them
- Provide protective equipment and gear and provide training on proper use
- Protect workers from exposure to toxic chemicals through explosions or spills
- Explain OSHA safety violations with regard to labelling, use, and storage of hazardous chemicals.
Whether you have been harmed because of dangerous work conditions, a product defect, a tanker truck accident, or simply because someone else was careless, our attorneys are here to help. Call Kaplan Law PC today at (516) 399-2364.
Damages Our Toxic Exposure Injury Attorneys Can Help You Recover
If your workers’ comp claim is successful, you can get money for medical bills, part of your lost wages, and disability. The amounts you can receive and the length of time you can receive them will be limited by NY workers’ compensation law (Chapter 67 Article 9).
If you were hurt because someone else was negligent and are able to file a personal injury lawsuit, you may receive compensation for your economic damages for medical and rehabilitation bills and all lost wages, plus money for your less tangible noneconomic damages that include pain and suffering, emotional distress, and loss of consortium and enjoyment of life.
To win your lawsuit, our attorneys would have to prove that another party, the defendant in the case, was negligent and at fault for causing the toxic exposure. This means showing the following elements:
- The defendant owed you a duty of care not to cause harm.
- The defendant breached and failed to fulfill the duty.
- This breach caused the accident that injured you.
- You suffered actual damages as a result.
In some cases, there may be multiple defendants, such as your employer, the driver of a chemical tank that hit you, the manufacturer of the chemicals, and the property owner where the exposure took place. Our attorneys would investigate what happened and gather evidence to show liability, and name them all in the lawsuit, as they all may have insurance and assets that can go toward a settlement. We would negotiate with insurers for a fair settlement, but we are fully prepared to take your case to trial if necessary.
Call Our NYC Toxic Exposure Lawyers
If you have been harmed by on-the-job toxic exposure, you deserve the best medical care as well as financial assistance during your recovery. The compassionate attorneys at Kaplan Law PC know how difficult it can be for you and your family and want to do everything we can to help. We will aggressively seek optimum compensation on your behalf and will work tirelessly to make the process easy and get you the money you deserve.
We offer a free, no-obligation consultation, so don’t delay. Call (516) 399-2364 now.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]