When injuries happen in the workplace, it is common for a worker's compensation plan to take over any claim made. In a toxic tort, however, an injury claim due to any kind of toxic exposure or harmful chemical in the workplace will most usually be handled by a personal injury attorney. A toxic tort is a type of personal injury case that directly involves trauma, serious injury, or illness due to exposure to a toxin, pollutant, or harmful chemical.
In most of these types of cases, the toxins are something that the employer had nothing to do with. For example, injuries suffered in the workplace caused by asbestos exposure—as found in older buildings—are not the direct cause of a negligent employer. The material is something that has been installed by a third party. Due to this reason, many toxic tort cases require the knowledge and counsel of an attorney before any compensation can be sought from that third party. Worker's compensation doesn't apply, and an attorney will become necessary once any insurance companies get involved.
The difficulty of obtaining a sufficient settlement from an insurance company is very palpable with a toxic tort. Insurance companies want to save the most financially by awarding the least amount of recompense possible. Personal injury attorneys are well known for their seemingly magical ability to intimidate insurance companies, thus amounting to larger settlements.
Insurance companies like hard evidence and sound facts concerning any toxic injury claim. Because the severe effects of toxic exposure can be slow to manifest, these types of injury cases are difficult to prove, much less deal with, because of the undetectable evidence of injury without research and tests. You will almost always have a difficult, if not impossible, time trying to present to an insurance company any evidence you have found by yourself; many toxic chemical companies are very good at placing barriers between any kind of evidence of harm and victims of that harm. Personal injury attorneys are trained to root out these types of findings, resulting in better preparation, research, and undeniable evidence of injuries caused by a toxic exposure.
If you've suffered injury or illness because of a toxic exposure at your workplace, you should be aware that a personal injury lawyer like Boucher Law Firm will be a much desired necessity. Not only will they represent and fight for you, they will work to get you the compensation and care that you deserve.
