In the workplace, there are some steps that every employer should take to ensure that their employees are safe from all hazards. This includes following established procedures for the job at hand, planning ahead, wearing adequate protective equipment, making sure all containers are labeled correctly, and reading all labels as required. However, sometimes employers fail to meet the standard of properly training and preparing their employee, or accidents happen. What happens if you become ill as a result? What happens if your family is exposed due to your exposure?
Being exposed to toxic substances could put you at risk for many life-threatening conditions. This is why it is a scary situation when you notice that your loved ones are experiencing the same symptoms as you. If exposure occurred at the hands of your employer and now your family is suffering the same ill effects, your employer could be liable under a toxic tort negligence claim. However, there are some elements that you must meet in your claim. The obvious one, of course, is that your employer failed to exercise the standard duty of care and, as a result, you as well as your family became sick.
What is Assumption of Risk?
Companies usually attempt to fight back using something known as “assumption of risk,” which is when you should have understood that there was a danger but chose to encounter it anyway, such as in cases where you knew you were being exposed but continued to work around the toxic substance. This could all boil down to the employer pinning something on you, such as violating procedures when handling the specific toxic substance. However, you can refute this by showing a couple of things, such as other employees experiencing the same symptoms, safety guidelines that you complied with, excessive injuries reported by OSHA, or a bad track record by the company.
The best thing that you can do is speak with a personal injury attorney and meet with your family’s doctors to gather the information you need to make your claim. You should go about obtaining each person’s medical reports and medical bills. With the right documentation, you can make your claim and attempt to receive compensation for the costs. Call us today if you or your loved ones have been exposed to toxic substances so we can help you with your claim.