Portland Toxic Chemical Injury Lawyer
Toxic Chemical Injury, Accidents, and Tort Claims
Toxic chemical injuries are caused by exposure to hazardous chemicals, such as carbon monoxide, ammonia, and chlorine that are harmful and sometimes fatal to the general public, especially in work environments where the exposure to hazardous materials is on a more frequent basis. If you have suffered serious injuries from toxic chemical exposure, then you need to contact a toxic chemical injury lawyer and determine if you are entitled to compensation for your recovery and suffering.
In the workplace, the most common types of toxic chemical injuries resulted from exposure to hazardous chemicals regulated by OSHA, including carbon monoxide, ammonia, chlorine, hydrochloric acid, and sulfuric acid. Most exposures are the result of either equipment failures or human error. OSHA regulates workers exposed to dangerous chemicals requiring education and training on their proper use, handling, and safety requirements. In addition, they require licensing for the transport of toxic chemicals and hazardous materials.
To care for workers who have been injured in the workplace, Oregon has a Workers’ Compensation Insurance program that provides payments for medical treatment and lost wages if you are injured while on-the-job. For covered injuries, workers receive quick medical and time loss payments without the need to prove employer negligence in a court of law. For these benefits, workers agree not to pursue further legal action against the employer – referred to as the exclusive remedy provision of Oregon’s workers’ compensation statute. Injured employees often incorrectly conclude that this statute precludes them from any further recourse to seek fair and just compensation for their injuries even when a third party (not the employer) bears some responsibility for the accident. For example, third-party manufacturers of hazardous chemicals are required by law, to label, and provide adequate safety features to prevent improper use and unsafe conditions.
Chemical or hazardous material accidents, where the fault lies not with you or your employer, but with a third party, are situations where you need to seek the advice of an experienced Oregon Toxic Chemical Injury Attorney. We offer a free initial consultation to anyone who has suffered a chemical injury. To set up a meeting, contact our office or call us at (503) 610-0005.
At constructions sites, OSHA regulates the Permissible Exposure Limits for toxic and hazardous material gases, vapors, fumes, dust and mists, and requires administrative or engineering controls to achieve the hazardous material exposure limits. Otherwise protective equipment, like respirators, are to be used to limit hazardous material exposure and chemical accidents. In spite of these precautions, toxic chemical injury accidents are all too common in manufacturing plants, construction projects, shipyards, and transportation industries.
In the home, you are constantly exposed to hazardous chemicals in the form of cleaning products, certain plastics, pesticides, mold, and gases like carbon monoxide from heaters. If your home or apartment was constructed prior to 1970, then you have a higher probability of being exposed to asbestos, mercury, and lead, from insulation, wiring, roofing materials, light switches, plumbing, and paint. In addition, certain types of mold may cause respiratory and other health problems. If the mold was due to construction or design flaws then you may be entitled to compensation due to the builder’s negligence.
Typical Injuries from Toxic Chemical Exposures
These types of hazardous chemical exposures often lead to serious toxic chemical injuries requiring substantial medical treatment, rehabilitation, and potentially support and care on a long term basis. Dangerous chemical exposures affect each person differently depending on the duration and severity of the hazardous chemical exposure. Typical toxic chemical accidents often result in significant injuries including:
- Chemical burn injury and rashes – seek emergency treatment if the chemical burn penetrates more than 1 layer of skin or the affected area includes the eyes, face, a major joint, or a significant area of the body;
- Respiratory system damage – asbestosis, mesothelioma, Legionnaires’ disease, chronic obstructive pulmonary disease (COPD);
- Miscarriage or infertility;
- Damage to the eyes;
- Chemical Poisoning — seek immediate emergency treatment if any hazardous material or toxic chemical has been ingested. You can call 911, your local Poison Control Center, or the National Poison Control Hotline (1-800-222-1222), for information on treatment. Of course, you can download an app by Poison Control Centers to get answers to basic poisoning questions;
- Spinal cord and brain injuries;
- Cancer – lung cancer, mesothelioma, and other forms of cancer; and
- Wrongful death.
If you have been seriously injured as a result of toxic chemical exposure, and your injury was caused by someone else’s negligence, then you may be entitled to compensation to pay for your recovery and suffering.
Legal Representation For Toxic Chemical Injury Victims
Mayor Law specializes in personal injury cases and is uniquely qualified to assess your case. Attorney Travis Mayor is committed to seeking justice and maximizing the financial compensation for his clients who have been hurt as the result of another person’s negligence as a result of toxic chemical exposure. As a former insurance defense lawyer, Travis knows firsthand how insurance companies evaluate cases, pressure parties into “low ball” settlements, and execute trial strategies. This valuable insight from the other side of the table, combined with experience handling hundreds of personal injury cases, is the reason Travis produces extraordinary results. He knows how to effectively prosecute personal injury claims, and he has collected millions of dollars in settlements, jury verdicts and arbitration awards for his clients.
Toxic Chemical Exposure Examples
Case Example #1: Toxic Chemical Injury Lawyer, Travis Mayor, skillfully handled a Portland wrongful death case where the decedent was killed due to the combination of butane coming into contact with the pilot light of a gas heater. Butane, a flammable hydrocarbon gas, is not toxic if used properly. In this case, a homeowner who had a medical marijuana card was demonstrating to his friend how to use butane to derive hash oil from marijuana. The homeowner was teaching this process in his garage with the door closed. Butane is a heavy gas and it sank to the floor where it came into contact with the gas heater pilot light, which caused an explosion. Tragically, both men were severely burned and our client’s son died as a result. We were able to show that the homeowner’s negligent use of a toxic gas in proximity to a source of ignition created a highly volatile and dangerous condition, which caused the wrongful death of our client’s son. We were able to obtain $500,000 from the homeowner’s insurance policy of the negligent person to settle the decedent’s Portland wrongful death claim.
Case Example #2: An example of toxic chemical exposure involves the recent controversy over Portland company Bullseye Glass. On Feb. 3, 2016, Oregon officials announced they’d found high levels of the hazardous metals arsenic and cadmium in the air near Bullseye Glass, which is 159 times the safety goal for arsenic, and 49 times the safety goal for cadmium. This company is located in SE Portland in close proximity to a daycare. Then in May of 2016, Oregon Gov. Kate Brown directed the state Department of Environmental Quality to issue a cease and desist order against Southeast Portland’s Bullseye Glass.
The agency issued the order Thursday, May 19, 2016. The order came after monitoring at a nearby daycare showed lead levels four times higher than the 24-hour benchmark. Bullseye was told to halt the use of lead, arsenic, beryllium, cadmium, all chromium compounds, cobalt, manganese, nickel, and selenium in any uncontrolled furnace for the next 10 days. While this toxic chemical exposure situation is ongoing, neighbors have already filed a class-action lawsuit bringing common tort claims for nuisance and trespass.
Toxic Chemical Injury FAQs
Why is it important to retain a Portland Toxic Chemical Injury Lawyer who does not shy away from litigating personal injury cases?
Answer: Dealing with large companies and their insurance carriers is a difficult and complex task. They are schooled in how to approach and defend toxic chemical injury cases, and may have done so many, many times before. Depending on the facts of the case, they typically pursue several strategies including denying responsibility for the hazard, or they were in process of actively correcting the hazard, or you, the victim, contributed or caused the accident with your unreasonable behavior. It is necessary for you to go on the offensive and obtain the legal resources to investigate the accident, gather supporting facts and witness statements before evidence disappears and witness memories blur.
…final settlements were 10x times greater than initial offers simply because we do not shy away from litigating cases.
What type of damages can I recover if I’ve been injured in a toxic chemical accident?
Answer: In the early stages of the case the defendant’s insurance company will typically make an “initial low-ball” settlement offer, without admitting fault, to make the whole incident go away. They are simply testing your resolve to pursue the case. Having legal representation on your side who is not interested in quick, but unfair settlements, sends a clear message that we have a great case and won’t settle for low-ball offers. In many cases, I have reached final settlements that were 10 times greater than the initial offers simply because we do not shy away from litigating the case.
When at-fault parties fail to provide safe and adequate protection from toxic chemical exposure, they can be held liable for the damage they cause. Recovering from a toxic chemical injury or accident can be an expensive proposition requiring months of medical treatment and, in some cases, lifelong support. To recover these damages, we recommend seeking the assistance of an experienced Oregon Toxic Chemical Injury Lawyer to lead the effort; one who knows how to recover damages including:
- Medical expenses – hospitalization, doctors, drugs, and medications
- Long term medical, physical, and occupational therapy
- Lost wages, income – during your treatment period and potentially in the future
- Other expenses – transportation, household duties, personal care
- Long term care – dealing with the consequences of physical and mental impairment
- Pain and suffering
- Emotional distress
Obtaining compensation for exposures to toxic chemicals, or other premises liability accidents, with significant damages can be a lengthy and complex process that is best performed by knowledgeable legal professionals. In most cases you must deal with two large organizations, the facility owner and their insurance carrier, staffed with seasoned lawyers – this will not be their first time defending a slip and fall, or premises liability case! This is why you need the services of a knowledgeable Personal Injury Lawyer that is equally aggressive.
Getting Results for Families in Oregon
At Mayor Law, it is our goal to help the families of Oregon toxic chemical injury victims achieve justice and restore their lives. Portland toxic chemical injury lawyer Travis Mayor will help you by reducing the hassle, complexity, and anxiety of navigating the legal process, while maximizing your financial compensation. Travis Mayor has recovered millions of dollars for families of personal injury victims. For every Oregon client who has suffered through serious toxic chemical injuries, Travis offers personal service with proven results.
Contact us today for a free, no-obligation consultation and case evaluation. At Mayor Law, LLC, we understand the legal implications of a toxic chemical injury lawsuit. More importantly, we understand your family’s pain, anxiety, and anger. We use our experience, knowledge, and resources to build a strong case and secure the compensation you need to cope with the injury for potentially years to come.