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Toxic Tort Law in New York

A toxic tort case is one in which an individual files a claim or civil lawsuit alleging that they were exposed to a harmful chemical or toxin through no fault of their own. For example, an apartment manager who does not properly check to see that the building is free from lead or asbestos before renting a room containing these substances may be hit with a toxic tort claim. Typically these cases are handled as personal injury claims where a victim will seek compensation from the negligent party.

However, accidents which occur in the workplace are handled differently. As most people will spend nearly a third of the day at their job, most tort cases occur in the workplace. While Injuries are most prevalent in construction, the potential for toxic exposure is present in all industries. If you are injured while at work, you may be able to claim restitution through your employer’s workers’ compensation insurance.

Chemicals which can lead to serious health risks include:

  • Mercury
  • Asbestos
  • Benzene
  • Silica
  • Lead

Exposure to dangerous substances can happen anywhere. Many substances which we now know to be toxic were once used as construction materials, such as lead and asbestos, and have yet to be completely removed from buildings. Unfortunately, the effects of many toxic substances may not be immediately apparent and victims may be unaware of the danger for months or even years.

What Should I Do If I Have Been Exposed to Toxic Chemicals?

If you believe that you have suffered harm due to the exposure to dangerous chemicals while at work, you should report the situation to your manager and seek medical treatment as soon as possible. It is vital to let your employer know what is happening and file a claim as there are strict deadlines governing work-related claims and delaying this action may hurt your case down the road. It is also important to begin collecting evidence and records related to the accident or exposure. Your employer and the insurance company will likely ask you for this information. The workers’ compensation claims process can be tremendously complex and you should consider hiring a knowledgeable attorney to help you navigate this process.

Damages and injuries from chemical exposure can be extremely severe. Maximizing your claim can depend on your interactions with the insurance company. At Lurie, Ilchert, MacDonnell & Ryan LLP, we can work to see that the insurance company and employer treat you fairly and provide the compensation you need. If your claim is unfairly denied, our firm can help you to take legal action. Our New York City personal injury attorneys have recovered more than $500 million for our clients and can bring a century of collective experience to your case.

Call (646) 461-4009 and speak to our attorneys about your claim in a FREE consultation.

Categories: Personal Injury