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Originally Posted On: https://croninlawfirm.com/how-to-file-a-claim-for-compensation-after-toxic-exposure/
An estimated 43 percent of all small businesses are under threat of a lawsuit every year. 90 percent of all small businesses face legal proceedings during their lifetime.
If you’re an entrepreneur and own a business, you’ll likely work long hours and put all your money and effort into it. Unfortunately, as hard as you work, at some point, legal issues will arise. You are going to need the help of a business law attorney.
Lawyers handle all kinds of business-related legal matters. Depending on your individual legal issue, you may or may not need to hire a lawyer right now.
Here’s a look at several instances when you should hire a business attorney.
1. When You Are Forming a Business Entity
When you’re first starting out, you need to set about creating a business entity. You need to choose a name and location, select a legal structure for your business, file the necessary paperwork, get your finances in order and hire employees.
Whether you’re creating a limited liability company (LLC) or a sole proprietorship, it is beneficial to have a business law attorney by your side to aid you. To avoid lawsuits and disputes in the future, a qualified business attorney will help you choose the right entity for your business. You need to figure out what kind of ownership is appropriate for your business.
You want to make sure you do not overlook any legal requirements in your state, or violate any trademark laws during the naming process.
2. While Drafting and Reviewing Contracts
Once you’ve decided on an entity, you will have to file the necessary paperwork and get various licenses and permits to legally run your business. Additionally, you may have to draft partnership agreements, employee agreements, and more during the initial formation process.
Having an experienced business law attorney to oversee the process will help ensure that you protect your interests. They will identify issues you may have not considered and draft contracts that are clear, enforceable, and with little to no room for ambiguity. This is especially necessary if you need long-term, high-stakes agreements.
3. When You Experience Issues With Employees
Employment law can be a tricky field to navigate. Various changes to employment laws can affect the way you run your business which could leave you feeling unprepared. Your legal rights and obligations to your employees could change at any moment, and you need an attorney to protect your business, and make sure your agreements are legally sound.
Beyond that, you want to protect yourself against workers’ compensation lawsuits, harassment lawsuits, discrimination lawsuits, and wrongful termination lawsuits.
4. While Changing or Redefining Business Structure
During the course of operation, you may choose to change the structure of your business. You may add new partners or bring in new investors, depending on the needs of your business. This need could arise due to company growth, a need for liability protection, tax considerations, going public as a company, change in ownership, or financial rules.
Each of these calls for a whole new legal process. You also need to check your circumstances and see what is the most legally and financially sound option for your business.
The roles of new parties to your business must be well defined, while there must be pre-written protocols in place for handling potential disputes.
5. During Business Negotiations
As a business, you may have to negotiate with other businesses. This could be due to mergers, acquisitions, resolving business disputes, or forming an agreement.
Both mergers and acquisitions need you to do your due diligence as a company. As a seller, you must look at ways to maximize the value of your business and ensure that all your paperwork is in place to allow for a seamless transition. As a buyer, you must review contracts and documentation to identify potential issues.
This includes corporate governance documentation, liabilities, contractual rights and obligations, intellectual property, and more.
6. When Your Business Faces Environmental Issues
Climate litigation is on the rise, and you do not want to be caught off guard. Sometimes, even though you are not at fault, you could find your business facing penalties.
You need to ensure that the way you run and operate your business is not at odds with any state or federal environmental laws.
7. Before and During Government-Mandated Investigations
If the government has reason to suspect nefarious activity in your business, they may choose to order an investigation. You could experience this at the local, state, or even federal level.
8. Your Company Is Being Sued
Companies are frequently sued for slip and fall cases, manufacturing defects, and more. Your options here depend on the nature of the case, and whether you are at fault.
A business law attorney can help you identify your best course of action and settle or pursue your case in court, depending on the facts. They will help you understand the basis of the lawsuit, and help protect your company’s interests during the proceedings.
Talk to an Experienced Business Law Attorney.
A business law attorney plays an important role in helping you navigate corporate lawsuits as well as preventing them. Make sure your business is operating within the bounds of the law.
Talk to a lawyer who understands the nuances of business laws in your state, today. Get an expert’s help with all your contracts, negotiations, lawsuits, and more. Schedule a free consultation here.
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Each year there are 7,337,549 tons of toxic chemicals released into the environment by industry. This is equal to about 21 billion pounds of toxic chemicals released into the environment. This poses a serious risk to humans and the environment.
Two million tons or 4.5 billion pounds of these toxins are carcinogens of the chemicals released. This is about 65 kilograms every second of carcinogens put into the environment.
What does this mean for humans? It means there’s a high risk of toxic exposure wherever you work or live.
These carcinogens can lead to serious illnesses impacting your ability to live your life. What should you do if you believe you may have experienced a toxic chemical exposure?
Common Toxins Involved in Toxic Chemical Exposure
You might wonder what toxins are a risk for exposure. Common chemicals that pose a risk include:
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Asbestos
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Mercury
- Lead
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Benzene
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Sodium dioxide
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Manganese
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Silica
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Isocyanates
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Polychlorinated biphenyl
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Photoresists
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Creosote
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Acetone
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2-butanone
- Carbon tetrachloride
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Trichloroethylene (TCE)
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Perchloroethylene (PCE)
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Chlordane
The Type of Toxic exposure depends greatly on your location.
Asbestos exposure, for example, caused thousands of workers exposure and risk to mesothelioma. Military personnel, especially at Camp Lejeune in North Carolina, had grave exposures to Trichloroethylene (TCE), Perchloroethylene (PCE), and benzene.
The impacts of your exposure often depend on what toxin you faced and the length of time you had exposure to it.
Symptoms Related to Toxic Exposure
The symptoms associated with chemical exposure are often related to the amount of time exposed. Sustained, regular exposure or contact with dangerous chemicals can lead to serious illness.
Often before diagnoses of an illness or its relation to toxic exposure, a person will experience unpleasant symptoms.
Symptoms might include:
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Tearing up of the eyes
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Burning eyes and nose, chest, skin, or throat
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Headaches
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Unusual sweating
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Blurred vision
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Stomach aches
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Diarrhea
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Dizziness
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Disorientation
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Cough or sinus issues
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Skin Conditions
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Chemical taste in the mouth
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Anxiety
A person might experience any number of these symptoms before they ever realize they’re sick.
If you’re experiencing symptoms and worry you’ve experienced a toxic exposure; you need to see a doctor immediately. This is especially important for documentation if you later decide to file claims for toxic exposure.
Who Might Get Exposed to a Toxic Exposure?
There are many careers whose workers might face a higher risk of exposure to toxins. Because of the materials and chemicals used, these workers face a higher risk.
These jobs at higher risk include:
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Insulators
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Railroad workers
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Painters
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Textile mill workers
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Welders
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HVAC technicians
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Factory workers
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Plumbers
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Electricians
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Carpenters
As a worker, it’s vital that your employer provides the necessary safety measures if there’s a possibility of toxic exposure. By failing in providing the appropriate safety measures, they open themselves up to potential litigation.
Consequences from Exposure
The consequences of chemical exposure can be grave. Exposure can lead to:
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Chemical burns
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Scarring
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Permanent nerve damage
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Eyesight loss
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Serious illnesses, including many types of cancer
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Death
Illnesses might include:
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Leukemia
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Lung cancer
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Non-Hodgkin’s lymphoma
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Liver cancer
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Kidney cancer
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Bladder cancer
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Mesothelioma
Of course, the consequences of the exposure depend on the length of exposure and the type of toxins from the exposure.
Worker’s Compensation Coverage
Most workers have access to worker’s compensation coverage. It’s required in all states that employers carry some form of worker’s compensation coverage.
What’s interesting about worker’s compensation is that it doesn’t involve fault. For a worker’s compensation claim, you simply need to show proof of exposure to hazardous chemicals while on the job and suffered some form of injury as a result.
Suppose you’ve suffered exposure while on the job, it makes sense to start with a worker’s compensation claim. It can provide you with medical coverage and loss of wages benefits while you recover.
If you want to make a worker’s comp claim, you should:
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Report the exposure to your employer as soon as possible
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Outline how you believe the exposure occurred
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Provide names of witnesses
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Seek medical treatment
You must mention to any medical provider that you believe you’ve experienced a toxic exposure.
Personal Injury Claim
Claims for chemical exposure and a personal injury case have some rules. In most cases, you can’t file a personal injury claim against an employer. It’s the reason worker’s compensation exists.
If your toxic exposure resulted from the negligence or legal fault of someone other than the employer, then you can file a personal injury claim.
One key difference between a worker’s compensation claim and a personal injury claim is a fault. You must establish the fault in a personal injury case.
Getting the Legal Help You Need for a Toxic Exposure
If you or someone you love may have suffered from toxic exposure, you need to seek the help of an experienced attorney.
The attorney can also help you decide the best course of action, whether that’s a worker’s comp claim or a personal injury suit.
The personal injury attorney can guide you through your worker’s compensation claim to ensure you get approval. If you don’t get approval, your attorney can work with you on a personal injury claim.
They can help you gather the evidence you need to file a successful claim.
Don’t Delay Seeking Compensation for the Toxic Exposure You Suffered
Toxic exposure can have a lasting impact on your life, especially if it has occurred over a long time. Nobody should suffer the effects of toxic exposure because of the negligence of another.
If you need help protecting your rights and getting the compensation you need because of the toxic exposure, we can help. Contact us today so we can get started working on your behalf.
