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Asbestos Exposure in the Construction Industry: An FAQ

When you have been exposed to asbestos in the workplace for extended periods of time, you could receive a rare form of cancer known as Mesothelioma as well as a large array of other health issues. If you are suffering from health issues due to asbestos exposure, you may wonder where to turn for the help you need. In our streamlined FAQ, we will answer all of your asbestos-related questions, as well as ones you may not have even thought to ask.

Asbestos Exposure FAQ

Asbestos disability lawyerWhat is asbestos and what dangers are associated with it? Asbestos is not just one thing – it is a group of fibrous materials that are resistant to heat, chemicals, and more. If you work in the construction industry, you are probably familiar with asbestos because it is found in certain products like fireproofing, pipe insulation, floor tiles, and more. There are many dangers related to asbestos that we didn’t immediately know about many, many years ago.

When a person inhales or ingests these particles, they can very easily embed themselves into the tissues of your respiratory and digestive systems. This could lead to disabling conditions like asbestosis, lung cancer, mesothelioma, gastrointestinal cancer, and more. Unfortunately, in many cases, you may not know that you have been exposed for many years down the line.

Are there regulations in place regarding asbestos? Yes, currently there are. 40 CFR Part 61 Subpart M of the National Emission Standards for Hazardous Air Pollution Act applies to exposure in buildings that are being demolished or renovated. An asbestos inspector is able to determine the presence of the fibers. This is especially vital because it can protect construction workers in years to come.

What are symptoms to watch out for? As there are several different diseases, there are several symptoms to watch out for if you believe you have been exposed to asbestos in the workplace. For instance, symptoms of lung cancer could include a chronic cough, shortness of breath, headaches, chest pain, and more. Symptoms of mesothelioma might include pain, swelling, and unusual lumps in affected areas. The symptoms of asbestosis include chest pain, coughing, unexplained weight loss, and more. Many of these diseases are incurable.

Will I receive compensation for my illness? If you have been affected by asbestos in the workplace and have fallen ill due to exposure, you could have a case for compensation. The strength of your will determine how you will be compensated, such as your official diagnosis, the degree of fault by another party, your medical history, proof that you have lost wages, and so much more. The settlement numbers on these cases can be quite high due to the impact asbestos can leave on your life as you struggle with the disease.

Must I file in a certain amount of time? It does help to get started on your case as soon as possible. There is a statute of limitations on all injury claims in each state. The clock starts to tick on your claim when you discover that you are suffering from a related disease. Since many people don’t first see symptoms of their diseases related to asbestos exposure until decades into the future, this is usually when you will be required to file. When you have received a diagnosis, it is time to look into your claim.

At the Nye Law Group, we take your claim very seriously and want to help you receive the compensation you deserve in your time of need. We understand that the effects of asbestos-related diseases can be extremely devastating and we are here for you in your time of need. Call us today to get started on your case at 855-636-9277.

 

 

 

Sources:

https://www.osha.gov/Publications/OSHA3096/3096.html

https://www.asbestosnetwork.com/Worker-Safety/Asbestos-In-Public-Places/

http://thenyelawgroup.com

What Are the Most Common Types of Work Accidents?

Every workplace is capable of having workplace accidents. Many people think that they are only limited to dangerous jobs like those in construction but, the truth is, you can just as easily sustain a workplace injury in an office. Here is the truth: Different jobs call for many different scenarios, each one having its own dangers to prepare for. If you have been injured in a workplace accident, you may wonder where to turn.

Common Types of Workplace Accidents

A variety of workplace accidents take place every single day. Today we will focus on some of the most common.

Overexertion Injury Workplace lawyerOffice Accidents: Offices are not free from danger. Some of the most common injuries that you may sustain working in an office include trips over wires, repetitive motion injuries like carpal tunnel, muscle strains, and back injuries.

Another type of serious injury that occurs in offices, and a variety of other workplaces, are slip and fall accidents. In fact, according to research, slip and fall accidents are the leading cause of workers’ compensation claims every year in America. Some common injuries associated with these serious accidents include fractures, sprains, knee injuries, and injuries to the hands or wrists.

Construction Accidents: Construction sites tend to be inherently dangerous, which is why employees must always be trained for the construction site. With heavy equipment being used constantly and hazardous materials, construction industry accidents bring their own concerns. Some accidents commonly occur on cranes, scaffolds, ladders, forklifts, and from building collapse and falling objects.  

Mining Accidents: Because miners work hundreds of feet below the surface, there are risks. Often times, they are working with heavy machinery and explosives and subjected to harsh environments. Miners are more likely to be injured than workers in many professions every year.

Warehouse Accidents: Warehouse workers find themselves in dangerous positions every year. Some of the common injuries that occur in warehouses include back injuries, repetitive stress injuries, forklift injuries, injuries relating to lifting, and more. If you work in a factory and have been injured, you have rights.

You Have Rights

As an employee, you have a right to safety. If your employer does not abide by safe work practices and you fall victim to an accident, your employer could be held liable when you receive injuries. Employers have a broad range of duties that they must comply with to ensure that all hazards are eliminated from your workplace. As an employee, you have rights under the Occupational Safety and Health Administration (OSHA), which gives you the right to medical attention and possible workers’ compensation when you have suffered losses in the workplace.

Employers are expected to purchase workers’ compensation insurance to take care of your medical expenses, lost wages, and more after your injury. Have you been injured in the workplace and want to know more about your rights? Turn to an attorney who cares about your rights at The Nye Law Group in North Carolina. We care about your rights and want to help you with every aspect of your case. Call us today at 855-636-9277.

 

 

 

 

 

 

Sources:

http://smallbusiness.chron.com/employers-responsible-accidents-workplace-11237.html

http://thenyelawgroup.com/

What Are Overexertion Injuries in the Workplace?

There are many common injuries that occur every year in the workplace. According to the National Safety Council, physical overexertion is the leading cause of injuries in the workplace. And, when it comes down to it, overexertion causes the country about $15.1 billion in workers’ compensation costs due to so many American workers missing work for these injuries. But what are overexertion injuries?

Overexertion occurs when a load exceeds what a person is able to handle. This means that you could be pushing, pulling, or lifting an object that is much too large for you. This could cause you to receive stretches, sprains, strains, or tears to a variety of body parts, from your ligaments and tendons to your muscles and more. You could experience unsettling pain in your neck, shoulders, knees, and wrists from these injuries. Sometimes, you will sustain one of these injuries the moment you lift something too heavy, while others are from repetitive motion and occur over time.

Compensating for Your Injuries

Overexertion Injury Workplace lawyer Because these injuries happen in the workplace, you will be subject to receive workers’ compensation benefits if you experience one of these injuries and miss time at work. There are many aspects that workers’ comp can cover, such as lost income when you are unable to return to work for many days or weeks, medical treatment if your injury is particularly serious and much more. Many people who experience overexertion injuries find that basic medical treatment is not enough, and will have to go for more extensive rehabilitation or therapeutical services, surgery, or a variety of other medical procedures when their injury is not minor.

You should always watch out for the signs and symptoms of overexertion in the workplace because your injury can be worsened and require extensive treatment if you do not catch it early on. Some of the common symptoms include the following:

  • Losing your breath or being unable to speak due to breathing too hard
  • Feeling dehydrated, which could cause dizziness, scant urine, fatigue, and more
  • Fatigue as well as chronic injuries like joint aches, stress fractures, or tendinitis

Avoiding Overexertion

Now that you understand that you will be able to recover for your injuries, it is important to understand how these injuries can be prevented in the workplace. Here are the most common ways to protect yourself from injury:

  • If you need help performing certain labor because you know that you are going to overexert yourself, ask for help and wait for it to arrive.
  • If you can’t move something with ease, you should always use equipment like a cart or hand truck.
  • Bend your knees rather than your back to prevent temporary or permanent back injury.
  • Take breaks so that your muscles can rest. You should also make sure that you are staying hydrated throughout the day, especially on a tough job.

We understand the devastating costs that work injuries can cause in your life and want to help you in your time of need if you have injured yourself due to overexertion. At the Nye Law Group, we care about your case and want to help you every step of the way. Call us today at 855-636-9277.

 

 

 

Sources:

https://www.legalmatch.com/law-library/article/overexertion-injury-lawyers.html

http://work.chron.com/avoid-overexertion-workplace-2333.html

http://thenyelawgroup.com

Common But Deadly Toxic Torts Found in Many Workplaces

Widespread injuries and even wrongful death cases stemming from toxic torts every single year. When companies allow harmful substances into their workplaces and employees are affected drastically, they may be able to turn to an attorney for their damages. Toxic torts are the legal claims that stem from harmful substances in the workplace. You may have even seen toxic tort cases come out of situations involving adverse, defective medications when a company hides or lies about information concerning medicine on the market. One of the most popular occupational exposure toxic torts you may be familiar with is employees receiving the diagnosis of mesothelioma after being exposed to asbestos in the construction workplace.

Often times, toxic torts will be in the form of class action lawsuits, which means that other parties will be seeking compensation for the same cause alongside you. Why? Because when one person is exposed to a toxic chemical in the workplace, many people are exposed. These cases are fought based on three concepts: negligence, strict liability, or fraud.

How Negligence Plays a Role in Toxic Tort Cases

toxic tort lawyer Negligence claims stem from negligent conduct by an employer, which frequently plays a role in toxic tort cases. Perhaps an employer knew that a chemical present in the workplace could cause harm to employees but did nothing to prevent it, such as providing special protective equipment to employees or warning them about the toxic substance in the first place.

The unfortunate fact with many of these cases is that certain illnesses take years of exposure before a victim finds out that they are suffering from a related disease. For example, it can take virtually decades for the symptoms of mesothelioma to show themselves in employees, which led to trouble back when these injury cases were most popular. By that time, crucial pieces of evidence that could have proven your case could sadly be lost, which means that making your claim can be even more difficult. By this time, a defendant company could already be out of business and could argue that a plaintiff must have been exposed in some other way.

Acting Quickly to Preserve Your Case

You want to act quickly as soon as you know that you have been affected by a chemical in the workplace because preserving your case is the most important step. Most people will move forward with a personal injury case, but if you have been injured in the workplace, your recovery will stem from workers’ compensation benefits. Although your employer may have been directly responsible, this is the way that you will be compensated. However, you may still be able to bring a civil claim against a manufacturer, as they would be considered a third party in these claims. If you have worked around materials like asbestos, it is likely there will be multiple parties involved.

Pay close attention to the filing deadlines so that you don’t miss your chance to recover. You usually have several years to make your claim. However, in cases of exposure, you may not develop a disease until many years after exposure, so you have what is called the “discovery rule.” This means that the statute of limitations does not start for you until you know about the injury or disease.

As you can see, there are many elements involved in these cases, making them especially complex. If you have sustained an illness from workplace exposure and now you are struggling to make ends meet after piles of medical bills and lost income, we want to talk to you. Call us at our Georgia office at the Nye Law Group. We want to hear from you today at 855-636-9277.

 

 

 

Sources:

https://www.justia.com/injury/class-actions/toxic-torts/

http://www.alllaw.com/articles/nolo/personal-injury/chemical-exposure-toxic-torts.html

http://thenyelawgroup.com/

Types of Evidence You Need To Support a Personal Injury Claim

Injury Accident Report

You cannot recover compensation in a personal injury claim unless you can prove another party is liable for your injuries. This requires various types of evidence from the scene of the accident along with other documentation of the effects of your injury.

The Nye Law Group’s trusted Savannah personal injury attorneys have created a list of the types of evidence needed to support a personal injury claim.

We are prepared to conduct a thorough investigation to collect these pieces of evidence to help build your case. Contact our firm to schedule a free legal consultation to find out if we can help you.

EVIDENCE FROM THE SCENE

The moments after suffering a personal injury can be confusing and stressful. Victims are in pain and often unsure of what to do next.

While the main priority is your health and safety, you should also attempt to collect evidence if you are able to do so. This includes:

PICTURES

The scene is likely to be cleaned up or altered once you leave, so it is crucial to take a lot of pictures before that happens. Once the scene is altered, some evidence of the accident could be lost forever.

Depending on the type of accident you are in, you should take the following pictures:

CAR ACCIDENTS

Photograph the vehicles involved, paying special attention to damage to both cars. You should also get pictures of skid marks, debris and other property damage caused by the crash.

SLIP AND FALL ACCIDENTS

Take pictures of the place where you tripped or fell. Make sure to photograph obstacles or other conditions that you believe contributed to your fall.

DEFECTIVE PRODUCTS

Take pictures of the product and the place the injury happened.

DOG ATTACKS

If you were attacked by a dog, try to photograph where the dog was before the attack.

You also need to take pictures of all of your injuries to show their severity. If your injuries caused bleeding that stained your clothes, take pictures of the stains. These types of pictures can be very persuasive to juries.

You should take more pictures of your injuries in the days and weeks following the incident, as it can take time for bruises and swelling to develop.

EYEWITNESS STATEMENTS

Pedestrians, employees, customers, drivers and others at or nearby the scene may have noticed things about your accident that you did not. That is why it is always a good idea to talk to witnesses and ask them what they saw.

You can write down what they say or record a video of it with your smartphone. Get their contact information so you can contact them again in the future if you have more questions or are looking for witnesses to use at trial.

PERSONAL ACCOUNT OF EVENTS

You may forget important details about the accident in the days and weeks that follow. That is why it is always a good idea to jot down your personal account of what happened as soon as possible after the accident. Explain what you saw before, during and afterward.

You can reference this information later when meeting an attorney for a free consultation. It may make it easier to explain to the attorney what occurred.

POLICE/INCIDENT REPORT

After a car accident, police will likely be called to the scene to investigate. The responding officer will file a report about the crash, noting what occurred, his opinions on who was at fault and whether a traffic citation was issued.

In other personal injury situations, an accident report may be filed. For instance, this is likely to occur after a slip and fall or an injury that occurs at a private business or on government property. It’s critical to obtain a copy of this report, as it is an official record of what happened.

DOCUMENTATION OF INJURIES

Request copies of all medical records related to your injury, including:

  • Emergency room admitting charts
  • Paramedic reports
  • Discharge forms from hospital visits
  • Results from medical tests (x-rays, blood tests, CT scans)
  • Prescriptions
  • Notes from visits with doctors
  • Physical therapy evaluations

These records provide detailed evidence about all of the injuries you sustained and treatments you are receiving. Notes from hospital visits and appointments with doctors will likely note the cause of the injuries you are suffering from.

If possible, obtain copies of medical records from before your injury. These records help to link your current injuries to the accident. These records can also dispel any notions from insurers or juries that your injuries are a result of a preexisting medical condition.

DOCUMENTATION OF OTHER EFFECTS OF YOUR INJURY

This includes a daily journal of how your injuries are affecting you, physically and emotionally. Writing these things down is one of the best ways to convey all of the issues created by your injuries.

This kind of evidence helps to substantiate pain and suffering, which are often significant in personal injury cases.

You should also ask your employer for a letter documenting all of the time you have missed due to your injury. This includes time missed because you were physically unable to work or because you were receiving treatment. The letter should also note your rate of pay from before the accident.

This is the type of evidence you need to have a chance of obtaining compensation for lost wages.

CONTACT AN EXPERIENCED PERSONAL INJURY LAWYER TODAY

Have you suffered a personal injury that you believe was caused by another person’s careless or negligent actions?

You could be entitled to compensation through a personal injury lawsuit. Compensation can help you manage the effects of your injury, including medical expenses, lost wages, and pain and suffering.

Our personal injury attorneys offer a free consultation to determine if you have a viable claim. If you do, we are prepared to begin an investigation and work to build a strong case. Our goal is to obtain all of the compensation you deserve.

We will pursue your claim on contingency, which means you do not owe legal fees unless we recover compensation.

Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230