Frequently Asked Questions about Toxic Substances

Frequently Asked Questions about Toxic Substances

Q: What should I do if I am exposed to a toxic substance?

A: You should see a doctor or other health professional immediately. If you were exposed to the toxin at home, you should try to remove the product or chemical as soon as possible. Consult an expert in dangerous substances to be sure the removal is done safely, which may require you to hire a professional removal service. If you were exposed to a harmful substance at work, assert your right to a safe and healthy workplace and protect yourself from further contact. You can file a complaint with the federal Occupational Safety and Health Administration (OSHA). If you are considering filing a lawsuit or workers' compensation claim, contact an attorney as soon as possible for guidance. Certain deadlines will apply, limiting the time period during which you can file a claim.

Q: How do I know if a toxic substance caused my illness?

A: It is often difficult to determine whether an injury was caused by a toxic substance. If you believe you may have become ill due to a toxic substance, you and your attorney may hire medical and scientific experts to examine you and the location where you were exposed to the toxin. When you go to see your doctor, be certain to inform him or her that you suspect your injury was caused by contact with a toxic substance. This can help your doctor make the correct diagnosis.

Q: Is it possible to be injured by more than one toxic substance?

A: Yes. Unfortunately, many people are exposed to multiple toxins in both the home and workplace environments. Different toxins can cause different injuries and, even more troubling when trying to discern the source of an injury, different toxins can sometimes cause the same injuries. In a toxic tort case, it is your attorney's job to prove that a particular injury was caused by a particular toxin or toxins to which you were exposed.

Q: I can't afford to pay lawyers, doctors and toxin experts. Can I still file a lawsuit?

A: Yes. Many toxic tort law firms work on a contingency fee basis. This means that the law firm is only paid after a judgment has been won or a settlement reached in your case. You do not usually pay the law firm any money up front. Instead, a portion of the money awarded to you at the end of your case goes to your attorneys as compensation for the work they performed for you. The amount of a contingent fee a law firm receives may be regulated by state laws and varies from state to state.

Q: What if I was exposed to a toxic substance many years ago? Do I still have any legal rights?

A: It depends. Every state has its own specific deadlines, known as statutes of limitation, by which you must have filed your claim. Sometimes the statute of limitation begins when you are first injured and other times the statute of limitation begins when you knew or should have realized that you were injured. Some injuries that are caused by toxins do not become apparent for ten years or longer, so even if you were injured a long time ago, you may still be eligible to recover compensation, depending on the law of your jurisdiction.

Q: I've already received a workers' compensation settlement for my injury. Can I still file a toxic tort claim?

A: Yes, depending on the circumstances of your injury and the laws of your jurisdiction. When you file a workers' compensation claim, you receive compensation from your employer. This usually means that you cannot file a lawsuit against your employer, but some states allow an employer lawsuit in addition to workers' compensation if an employer intentionally harms an employee. You may be able to file lawsuits against other individuals or companies who also may be responsible for your injury. For example, the manufacturer of a harmful toxin may be liable for your injury, regardless of whether you have already received a settlement from your employer. It is important to talk to a qualified attorney immediately to ensure that you receive just compensation for your injuries from all responsible parties.

Q: I was injured by a toxic substance at work, but I don't want to sue my employer. Do I have any other options?

A: Usually, depending on the laws of your jurisdiction. Often, responsibility for a toxic tort lies with the manufacturer or supplier of a harmful chemical or product. Thus, even though you were exposed to a toxin at work, you may still be able to recover damages from other responsible parties without filing a claim against your employer. Depending on the situation, however, your employer may be fully or partially responsible for your injury. In this circumstance, your employer may be the only party you can recover compensation from for your injuries. Usually, your claim against your employer will be handled as a workers' compensation case. An attorney can advise you on the best options available to you.

Q: If I join a class action lawsuit, will I receive less compensation than if I had brought my case individually?

A: The answer depends on the nature of the class action lawsuit and your individual situation. Sometimes, in large class actions, many injured people will receive compensation, but the individual damages may be small. In other instances, you might receive more compensation by joining a class action because the cost of trying the case is spread out among many different people, instead of just being born by you. If you believe that you are entitled to substantial damages and have a serious claim, you should consult a lawyer before making a decision to join or not to join a class action.

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