selling a home to family? you need a lawyer!

« Back to Home

Holding An Employer Liable For Workplace Exposure To Toxic Substances

Posted on

If you have been exposed to toxic substances in the workplace, you may be able to hold your employer liable for the damages. As in other injury cases, liability depends on the circumstances of the injury. Below are some of the employer failures you can use to hold them liable for your toxic exposure.

Poor Engineering Controls

Employee safety requires a multifaceted approach as far as toxic exposure is concerned, safe engineering controls is one of these processes. For example, an employer should have an adequate ventilation system that ensures toxic particles or gases don't hang in the air for long but get vented out of the house as soon as possible. Another tip is to automate most of the processes so that the workers handle the toxic substances as soon as possible. If an employer fails to initiate these processes, and they could have done it, then the employer may be liable for your injuries.

Inefficient Administrative Controls

You can also hold the employer liable for your damages by showing that they didn't have the right administrative controls in place to prevent toxic exposure. For example, the longer a worker gets exposed to a toxic substance, the more the worker will suffer. Thus, an employer should ensure employees work only work safe hours to avoid too much exposure. An employer who allows workers to exceed the safe working hours might be liable for the ensuing damages.

Inadequate Worker Training

Every worker should be trained not only how to handle their duties efficiently, but also how to do them safely. Many employers conduct or require regular training for their employees to instill these safe working practices. This is necessary because safety experts and regulators are continuously coming up with new processes, products, and regulations for employee safety. Thus, an employer becomes liable for their employees' injuries if they don't update the employee's safety skills as necessary.

Inefficient Safety Gear

Every workplace, especially those that handle dangerous substances, should have specific safety gear to prevent toxic exposure. Safety goggles, gas masks, and gloves are common examples. The nature of the safety gear depends on the nature and toxicity of the substances. For example, highly toxic gases require more protection than moderately toxic liquids. Insufficient or inefficient safety gear can easily make an employer liable for their employee injuries.

Toxic exposure claims tend to be complicated. This is one of the cases that you are better off pursuing through law firm services.


Share