Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Nationwide Firm
786-401-4706
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Who is liable for illness due to toxic exposure in the workplace?

When a Florida resident suffers injury or illness due to a toxic exposure, it is essential to identify who is legally responsible. Toxic exposure can occur just about anywhere. A significant number of cases arise in the workplace, when employees are exposed to dangerous industrial chemicals, cleaning solvents and other substances.

When the exposure occurs in the workplace, the victim will often blame the employer. In most circumstances, however, the employee's only recourse against the employer will be through Florida's workers' compensation system. The advantage of a workers' compensation claim is that the worker is not required to prove negligence or fault on the part of the employer. The disadvantage is that the compensation recoverable is quite limited.

In cases of workplace exposure, however, other parties can often be held liable. When a party other than the employer is responsible for an occupational illness or injury, the victim is not limited to the workers' compensation remedy, and can seek damages in a product liability lawsuit. The damages recoverable in a civil lawsuit may be significantly greater than those available in the workers' compensation system.

The manufacturer of a dangerous substance used in the workplace can be held liable if the substance was unreasonably dangerous for its intended use. A chemical can be unreasonably dangerous if it carries an insufficient warning of the possible harms caused by exposure. The supplier or distributor of the toxic product may also be held responsible. In some cases, outside contractors performing services at the employer's premises may be held liable for illness caused by toxic chemicals they bring to the work site.

Toxic exposure cases are factually and legally complex. Expert testimony is essential to prove the dangerous nature of the product and the causal link to the plaintiff's illness. Working with an experienced toxic torts law firm can significantly increase the odds of a fair and appropriate outcome.

Source: FindLaw, "Legal Responsibility for Toxic Exposure," accessed Dec. 4, 2016

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031
http://www.hawaiilawyer.com

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.