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Frequently Asked Questions about Toxic Substances

Q: What should I do if I am exposed to a toxic substance?

A: You should see a doctor or other health professional immediately. If you were exposed to the toxin at home, you should try to remove the product or chemical as soon as possible. Consult an expert in dangerous substances to be sure the removal is done safely, which may require you to hire a professional removal service. If you were exposed to a harmful substance at work, assert your right to a safe and healthy workplace and protect yourself from further contact. You can file a complaint with the federal Occupational Safety and Health Administration (OSHA). If you are considering filing a lawsuit or workers' compensation claim, contact an attorney as soon as possible for guidance. Certain deadlines will apply, limiting the time period during which you can file a claim.

Q: How do I know if a toxic substance caused my illness?

A: It is often difficult to determine whether an injury was caused by a toxic substance. If you believe you may have become ill due to a toxic substance, you and your attorney may hire medical and scientific experts to examine you and the location where you were exposed to the toxin. When you go to see your doctor, be certain to inform him or her that you suspect your injury was caused by contact with a toxic substance. This can help your doctor make the correct diagnosis.

Among the most common toxins found in houses are lead (in pipes and paint), asbestos (in insulation and tiling), radon, and carbon monoxide (from heaters and furnaces). Mercury, toluene, and arsenic can also be present. Contact our office if you believe you may have become ill because of your exposure to a toxic substance.

Wheeling, West Virginia, Toxic Substance Lawyers

The law firm of Hartley & O'Brien in Wheeling, West Virginia, represents working people throughout the country who have been diagnosed with a life-threatening illness caused by exposure to toxic substances at their jobs. Attorney Dean Hartley is presently chairman of the American Trial Lawyers Association's Benzene/Leukemia Litigation Group, which concentrates on understanding the toxicity of benzene and educating members on developing cases for individuals injured as a result of benzene exposure. Mr. Hartley is nationally recognized for his understanding of the scientific and medical issues of toxic chemical exposure cases, and he is often asked to speak at conventions and conferences on the relationship between benzene exposure and blood diseases.

Toxic Substances - An Overview

"Toxic tort" is a term of art used to describe an ever-increasing area of the law covering topics as diverse as asbestos, lead poisoning, prescription medications, medical devices, tobacco, exposure to contaminated groundwater and toxic mold. While state governments and the federal government push for tort reform in an attempt to limit the proliferation of toxic tort litigation in the court systems and the large damage awards that come with them, toxic tort cases continue to expand into new areas.

If you or a loved one has been exposed to a toxic substance, call today to schedule a consultation with an attorney to discuss potential legal remedies for your case. An experienced toxic tort lawyer can evaluate your claim and discuss options for recovery for your injuries.

Classes of Toxic Tort Cases

Toxic tort cases span across a diverse group of areas, including hazardous waste clean-up liability under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, commonly called Superfund), products liability cases and cases involving exposure to dangerous substances in the workplace. To gain a better understanding of what a toxic tort is and the breadth of cases that can be filed as a toxic tort claim, please review the information below.

Sick Building Syndrome

The term Sick Building Syndrome (SBS) is used to describe the phenomenon that occurs when occupants in a building suffer illness and other adverse health effects from an unknown cause, but appear to regain their health once they leave the building. The adverse health effects can include skin, eye and throat irritations, headaches, fatigue, nausea and difficulty concentrating.

Who is Responsible for My Toxic Tort Injury?

One of the biggest hurdles to overcome at the outset of a toxic tort case is deciding who to name as defendants. Toxic contamination can originate from more than one source, and it may not always be evident which party or parties are responsible for the contamination. What follows is a list of potential defendants in typical toxic tort cases. The group of potential defendants in your case will vary depending on the facts of your case and applicable state and federal laws.

Challenges in a Toxic Tort Case

As a plaintiff in a toxic tort case, you must prove that it is more likely than not that the defendant caused your injuries. Because of the unique nature of many toxic tort claims, this can be a difficult task, even if you are suffering from a serious illness.

Toxic Substances Resource Links

Agency for Toxic Substances and Disease Registry (ATSDR)
As a division of the federal Department of Health and Human Services (HHS), this public health agency provides fact sheets about the health effects of various toxic exposures, information on toxic substances like lead and asbestos and other important information.

U.S. Environmental Protection Agency (EPA)
The main federal environmental regulation agency's website includes detailed information about pollutants and toxins, including their effects on human health.

Haz-Map®
A database containing information about hazardous chemicals and occupational diseases.

National Institute for Occupational Safety and Health (NIOSH)
NIOSH is the main federal agency charged with researching and preventing workplace injury and illness. Its website includes a wealth of information about workplace health hazards, prevention tips and chemicals workers may come into contact with on the job.

Occupational Safety and Health Administration (OSHA)
OSHA, part of the U.S. Department of Labor, works to improve workplace safety and health. Website includes workplace rules and regulations and detailed information about safety measures that should be taken in the workplace to protect employees' health.

TOXNET® - Toxicology Data Network
The Specialized Information Services (SIS) Division of the National Library of Medicine (NLM) produces this collection of databases about toxicology and environmental health.

Toxic Substances Information Center