If you’ve been injured because of chemical exposure in the workplace, you’re likely to be wondering, “Can I sue for chemical exposure at work?” The short answer is yes. The longer answer is that you can, but you may not have to.
Can I Sue for Chemical Exposure at Work?
Chemical exposure at work can give you a case of personal injury, but it could also be valid as a workers’ compensation claim. Either way, it’s important for you to talk to a personal injury attorney you can trust in order to get the best possible verdict, settlement, or insurance payout. Chemical exposure cases can be highly serious and lead to painful injuries. If you’re even thinking about filing a personal injury case, talk to an attorney you can trust for legal advice and counsel.
How to Prove Chemical Exposure Happened at Work
In a personal injury case, there are four things you must be able to prove:
- You must prove that harm occurred.
If you were injured through chemical exposure, medical records and other evidence should be more than sufficient to prove that you received some type of harm. The stronger the evidence tying the harm to the time and place of your claim, the stronger your case of personal injury.
- You must prove that the defendant (your employer) had a duty of care to the plaintiff (you).
Your employer has certain duties it owes to you as an employee. This includes things like living up to reasonable safety standards and (in the vast majority of cases) carrying workers’ compensation insurance. Establishing that these duties exist is a relatively simple part of a personal injury case.
- You must prove that the defendant failed in the duty of care.
In a personal injury case for chemical exposure, this may include arguing that the defendant failed to keep the workplace reasonably safe from the danger of chemical leaks, failed to issue reasonable safety equipment, etc. In some cases, this can be a difficult argument to prove in court.
- You must prove that the defendant’s failure in the duty of care caused the harm to take place.
The last thing you need to prove is that the defendant’s failure in the duty of care, whatever it is, was the cause of the chemical exposure. If you can prove all four of these things, you have a strong case of personal injury.
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