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No one deserves to be harmed by hidden dangers, but unfortunately, exposure to harmful substances is a common problem affecting people in their homes, workplaces, and communities. Often, individuals are unaware of the risks they face until it’s too late. If you or a loved one has suffered from exposure to harmful chemicals, our experienced North Carolina chemical exposure injury lawyer is dedicated to holding parties accountable and seeking maximum compensation.
Toxic exposure incidents can happen in many different environments and settings, caused by negligence, accidents, and even long-term, low-level exposures.
Exposure to harmful substances on the job is a major issue for many different industries. Workers might come into contact with dangerous chemicals, heavy metals, asbestos, and other toxic materials in workplaces such as factories, construction sites, laboratories, farming or agricultural fields, and more.
Homes and residential areas can cause chemical exposure through household products like cleaning supplies, pesticides, paints, solvents, contaminated water, outdoor pollution from nearby factories, old building materials like lead paint or asbestos, or radon gas that can seep up from the ground.
Toxic chemicals may be found in cosmetics, cleaning agents, and food products. If a product is not properly labeled or becomes contaminated, a person can experience toxic exposure injuries.
Incidents such as chemical spills, leaks, or other contamination from industrial facilities can cause toxic exposure to nearby communities, including contaminated air, soil, or water.
Trucks, trains, ships, or automobiles containing hazardous materials may be involved in accidents, leading to toxic exposure to roadways, railways, or waterways.
In hospitals or clinics, exposure to toxic chemicals can happen to healthcare workers handling medications, disinfectants, or other substances. Patients may also experience exposure through disinfectants, as well as medication errors, radiation, and anesthesia gases.
Determining liability for chemical exposures can be complex, and depending on the circumstances, multiple parties may be held liable.
If you suffer harm from consumer products that contain hazardous chemicals, you may have legal options to pursue claims against the manufacturers, distributors, or retailers involved. Product liability laws place the responsibility on these parties to ensure their products are safe for consumers.
As an employee, you could be exposed to hazardous chemicals in the workplace. Employers have the legal obligation to provide a safe working environment and protect their employees from injuries.
There are cases where you may have been exposed to chemicals due to environmental contamination caused by polluting companies or negligent landowners. Environmental protection laws are in place to prevent these exposures.
Whoever the party responsible may be, establishing liability requires proving negligence or other wrongdoing on their part.
The type of injury or injuries a person experiences from toxic exposure will depend on what substance is involved, how long the exposure was, and how much they were exposed to. Some of the most common types of injuries and health effects that come from toxic exposure include:
Respiratory damage from chemical exposure is a serious health concern. The severity of the damage depends on the type of chemical, duration of exposure, and the person’s overall health.
Types of respiratory damage include:
Common respiratory symptoms to be aware of include coughing, shortness of breath, wheezing, chest tightness, difficulty breathing, pneumonia, and pulmonary edema.
Types of neurological damage include:
Common neurological symptoms to be aware of include headaches, dizziness, difficulty concentrating, memory loss, mood swings, tremors, seizures, numbness or tingling, weakness, or muscle pain.
Types of gastrointestinal damage include:
Common gastrointestinal symptoms to be aware of are nausea and vomiting, diarrhea, abdominal pain and cramping, loss of appetite, heartburn, ulcers, or indigestion.
Many chemicals can harm the heart and blood vessels, leading to damage such as:
Common cardiovascular symptoms to be aware of are irregular heartbeats, shortness of breath, swelling, and fatigue.
Chemical exposure can lead to short and long-term skin conditions, including:
When pregnant, exposure to toxic chemicals can severely impact the development of the fetus, such as:
The damages that can be recovered in a chemical exposure case may fall into a few different categories: compensatory damages, non-economic damages, or punitive damages.
Compensatory or economic damages are meant to compensate for any financial costs associated with the chemical exposure injury. Commonly awarded compensatory damages are for hospitalization, surgery, medication, rehabilitation, and lost wages or reduced earning capacity. Home alterations to accommodate new medical needs, medical devices such as wheelchairs or monitoring equipment, and nursing care could also be covered.
Non-economic damages are injuries a person may have suffered that do not have a direct financial impact. They are usually emotional or psychological suffering, such as emotional distress, loss of life enjoyment, loss of relationships, pain and suffering, and partial or complete loss of the use of body parts.
Calculating how much a person may be awarded for non-economic damages can vary from case to case, as there are no standards for calculating or determining how much these injuries are worth.
If the person or company found responsible for the chemical exposure is found to have acted in an especially reckless or harmful way, a person may receive punitive damages. These damages are meant to hold them accountable and discourage other people or companies from similar behaviors.
This state statute includes the Public Safety and Emergency Response Right to Know and the Community Right to Know. This law requires employers to maintain a list of hazardous chemicals on-site and provide it to any North Carolina citizen upon request, provide safety data sheets (SDS) to employees, train employees on chemical hazards, and report chemical releases to local authorities.
The NCDEQ is an agency responsible for protecting the state’s environment and natural resources. They protect air and water quality, oversee waste management, and land quality protection. The NCDEQ regulates the storage, transportation, and disposal of hazardous chemicals, enforces environmental laws and regulations to protect public health and the environment, responds to chemical spills and other emergencies, and conducts environmental monitoring and assessment.
OSHA establishes standards that limit the amount of hazardous chemicals and substances that workers can be exposed to. It requires employers to inform employees about chemical hazards through labels, safety data sheets, and training. It also identifies hazards, risk assessments, and emergency responses, outlines requirements for respiratory protection programs, and requires employers to ensure the use of PPE, including gloves, eye protection, and protective clothing.
Since chemical exposure cases are legally difficult, you need to consult with an experienced attorney who can assess your case and guide you throughout the legal process.
It is important to keep in mind the general statute of limitations for personal injury cases is three years, meaning you have three years from the date you discover your injury to file a lawsuit. There is an exception known as the discovery rule, which states the statute of limitations does not start until you realize that your injury was caused by the chemical exposure. You should contact an attorney as soon as possible.
Be sure to keep a detailed record of your exposure, including all dates, locations, what substances were involved, your symptoms, medical documentation, and any associated costs. This information is important for proving there is a link between chemical exposure and your health issues.
Your chemical exposure injury attorney will investigate the situation by identifying the source of the exposure. It could be from a negligent employer, a company polluting the environment, or a product manufacturer. Your attorney includes this and other evidence to build a strong case against the responsible party.
An attorney will make sure that all necessary documentation is filed correctly and on time, along with handling procedural matters properly. Then, based on the specifics of your case, your attorney may negotiate with the responsible party or pursue a lawsuit. The goal is to seek compensation for compensatory, non-economic, or punitive damages.
Throughout the legal process, your attorney will explain your rights, guide you on the most effective course of action, and serve as your advocate.
If you or a loved one has suffered an injury due to being exposed to hazardous chemicals, you can seek justice and compensation. Contact M. Reid Acree, Jr., Attorney at Law, P.A., so we can evaluate your claim and discuss your legal options.