Is It Too Late for Me to Sue for Toxic Substances Exposure?
Yes and no.
It’s because the ability to sue the responsible party for your toxic substance exposure generally depends on the statute of limitations. And it’s because of this that there are many factors that go into deciding if it’s too late or okay for you to sue.
Exposure to Toxic Substances at Work
Most employees are exposed to some chemicals in the course of their work. Most of the time, these hazardous substances are generally stores in protective containers for their safety reasons.
However, there is still the risk of some safety protocols getting violated. And this in turn leads to the substances harming employees through its skin contact, ingestion, or inhalation.
There is also always the risk of the substances mixing with the building’s water.
If this happens, it ends up affecting numerous people at a time.
In such cases, depending on the level of exposure and how many people are hurt, a class action lawsuit is quite common.
It’s your Glendale lawyer who initiates a claim for you, and then accepts other active participants if necessary.
You can seek workers’ compensation if you suffer from toxic substance exposure while at work or while performing standard work duties.
While a personal injury claim is also possible, it’s applicable only in cases involving a third party.
Workers’ compensation usually compensates for lost wages and may not compensate much for pain and suffering.
It is when this happens that it’s better to approach your attorney to pursue something else.
Personal Injury Claim
You could file for a personal injury claim if the toxic substance exposure were outside employment. The suit has to start within a year or two of the first harm was induced.
This actually decides on the extent of the standard statute of limitations.
You will have to have a known perpetrator you can hold responsible for injuring through the dangerous substance exposure. There may be cases where you suffered at work, but the chemical is from a third-party.
If this happens, you can involve both a personal injury claim and claim your workers’ compensation benefits.
Safety protocols are a must in places with increased toxic substance exposure like construction sites, plants, and factors. Employers who don’t follow these protocols can face a negligence suit involving personal injury if there is substantial and validated proof.
Your lawyer will examine your case and decide if it’s possible to sue the employer.
With the statute of limitations restricting personal injury claims to one or two years, the discovery rule has a vital role in some cases.
It’s because sometimes the patient may not even realize they are suffering from any medical condition until symptoms occur. Especially in case of some toxic substance exposure where the victim doesn’t know they are suffering until something seriously wrong happens.
It’s most common in cases where there isn’t much difference in their internal physiology processes.
According to the discovery rule, in cases where the symptoms don’t exist, the statute of limitations starts when you receive your doctor’s diagnosis.
The diagnosis is followed by some treatment to help with your recovery. You can then calculate the cost of therapy and medication and even future expenses to decide your total rightful compensation.
When Your Lawyer Can Help
Your Glendale toxic substances lawyer will be able to determine who is responsible for your toxic substance exposure once you start your investigations.
They will then calculate all your medical expenses, lost wages, and other additional costs to reach your rightfully deserved compensation.