Louisiana – March 5, 2021

When a Louisiana worker has been exposed to a toxic substance through their employment, they may have a case for damages if the exposure resulted in sickness, physical harm, or wrongful death.  An experienced attorney will need to establish a case for an employee to prove exposure to a toxic substance through evidence that reveals a toxic substance in a work environment, the likelihood of exposure was present, and the  employee came in contact with the toxin.  Support for a case will include not only presence in the vicinity of a worker, but may be built on further dangers to a worker using the toxic substance in the performance of their job duties.

An experienced toxic exposure attorney in Louisiana can assist victims of toxic exposure and their families by building a case, based on the dangers present to a worker, and the reliance on the company to provide a safe workplace in accordance with Occupational Safety and Health Administration (OSHA) guidelines.

Causal relationship.

“OSHA considers “Exposure” or “exposed” to mean that an employee is subjected to a toxic substance, or harmful physical agent in the course of employment through any route of entry, including inhalation, ingestion, skin contact, or absorption, etc., and includes past exposure and potential, either accidental or possible exposure.  Exposure does not include situations where the employer can demonstrate that the toxic substance, or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.”  Legal counsel must provide evidence that reveals a relationship between toxic exposure and illness, or death.  The evidence must show that it is likely that such exposure was a significant factor in aggravating, causing, or exacerbating an employee’s illness, or resulted in an untimely death.  Toxic exposure attorneys can file wrongful death claims on behalf of family members and loved ones who have lost someone because of complications of toxic exposure at work.

Damage claims.

Damage awards are contingent on proof of a diagnosis and previous work exposure to the toxic substance during employment history with a company.  Victims who have been harmed by toxic exposure may receive damage compensation to cover:

  • Medical treatment,
  • Lost wages,
  • Medical equipment,
  • At home care and nursing services,
  • Mental health counseling,
  • Physical therapy,
  • Household expenses,
  • Pain and suffering,
  • Burial and funeral expenses.

A skilled toxic exposure attorney can initiate a legal claim supported by proof of the exposure during employment.

Seek legal counsel.

Attorneys at Stag Liuzza understand how important it is to seek financial assistance through workers’ compensation or legal claims to combat treatment for toxic exposure illness and the negative financial effects, by addressing treatment options for long term illness leading to permanent disability, or death.

STAG LIUZZA, LLC

One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130

Ph: 504-593-9600
Fax: 504-593-9601

 

Sources.

https://www.osha.gov/laws-regs/standardinterpretations/1982-07-08

https://legis.la.gov/legis/Law.aspx?d=110567

http://www.legis.la.gov/legis/Law.aspx?d=109387

http://www.legis.la.gov/legis/Law.aspx?d=109371

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