Industrial Accidents FAQs

Q. What is a "toxic tort"?

A. A "toxic tort" is a civil action focused on injuries that occur as the result of exposure to a dangerous chemical, usually at one of the plants along the river.

Chemical exposure can lead to serious and often fatal illnesses and cancers such as mesothelioma, leukemia, lead poisoning and respiratory disease.

Q. What chemicals are considered dangerous?

A. Some of the more widely known toxic substances include asbestos, lead, mercury and benzene. Other chemicals become toxic to those exposed to them over long periods of time.

Q. How do I know if my illness is the result of chemical exposure?

A. It may be hard to determine whether your illness was caused by chemical exposure. Qualified attorneys, doctors and scientific experts will be able to evaluate your symptoms and determine whether toxins were the source of your injury.

Q. How long do I have to file a claim once I've been exposed?

A. Pursuant to Louisiana law, you have one year from the date of injury or discovery of injury. In certain circumstances, the date of discovery of an injury may occur several years after the initial exposure occurs.

Q. I received worker's compensation settlement for my injury. Can I also file a toxic tort claim?

A. Yes. If someone other than your employer is at fault for your injuries, such as a product manufacturer, you may file a toxic tort claim against the third party.

Q. Who can I sue for exposure to toxic torts?

A. Depending on where the exposure occurs, you may sue anyone who is at fault. In some circumstances, it may be your employer. In others, it is the manufacturer or a supplier of a toxic chemical. In still others, it is a company or manufacturer that pollutes and places dangerous chemicals in the air, ground, or water.

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