Negligence in Mesothelioma Lawsuits in Dallas
A retired plumber recently received approximately $41 million from two companies- one that made asbestos containing products and another that forced the man to use these products at work. These damages were awarded on the basis of negligence and failure to warn.
According to the United States secretary of labor, "Exposure to hazardous chemicals is one of the most serious threats facing American workers today." Employers have a duty of care to protect their employers by making provisions for their safety. If you have contracted mesothelioma or another asbestos-related condition as a result of exposure to asbestos in the workplace, you could file a personal injury claim. One of OSHA's requirements includes, "prevent exposure to harmful levels of substances like asbestos…"
Negligence is the grounds by which all personal injury claims are evaluated. Because OSHA has provided strict regulations and expectations employers must follow, this can make it easier to prove negligence. Under OSHA standards, an employer must:
- Inform employees about hazards through training, labels, alarms, color-coded systems, chemical information sheets and other methods.
- Keep accurate records of work-related injuries and illnesses.
- Perform tests in the workplace, such as air sampling required by some OSHA standards.
- Post OSHA citations, injury and illness data, and the OSHA poster in the workplace where workers will see them.
OSHA states that "All employers with hazardous chemicals in their workplaces must have labels and safety data sheets for their exposed workers, and train them to handle the chemicals appropriately."
One piece of equipment that can prevent lung impairment is a respirator. This tool removes contaminants from the air and "supplies clean respirable air from another source." Another OSHA expectation is that employers supply their employees with the safety tools they need to carry out their jobs effectively.
Other OSHA Standards
Under OSHA laws, an employee has the right to all of the following:
- The right to notify your employer or OSHA about workplace hazards.
- The right to request an OSHA inspection if you think there are unsafe conditions at your workplace (this can be a confidential complaint).
- The right to see OSHA citations issued to your employer (your employer must correct workplace hazards by the date indicated on the citation).
- The right to copies of your medical records and records of your exposures to toxic and harmful substances or conditions.
- The right to receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to your workplace.
- Employers must comply with the occupational safety and health standards mentioned in the OSHA Act.
What is gross negligence?
It is not uncommon for employees at chemical plants, oil refineries and factories to contract mesothelioma down the road, and all because of an employer's negligence.
Negligence has been defined as "Failure to use reasonable care, resulting in damage or injury to another." When several workplace safety laws are deliberately broken and many individuals suffer as a result, this can be categorized as "gross negligence."
Gross negligence is when a person/company has blatant disregard for employee health and safety- this attitude is so egregious it is considered to stop just short of criminal negligence. If gross negligence can be proven, you could be entitled to punitive damages as well.
Because thousands of people die annually from asbestos-related diseases, you should not take your condition lightly. Contact Zinda Law Group today to get your questions answered from statute of limitations to grounds for filing claims to available damages and caps on non-economic damages. Our Personal Injury Attorneys have the answers you are looking for. Don't be a victim any longer- hold your boss accountable for the harm you have endured!