Louisiana – March 24, 2021
Radioactive material dangers.
Radioactive materials that have been altered can increase the potential environmental dangers for workers and communities. Technologically enhanced naturally occurring radioactive material (TENORM) is defined as, “Naturally occurring radioactive materials that have been concentrated, or exposed to the accessible environment as a result of human activities such as manufacturing, mineral extraction, or water processing.” Radioactive isotopes are toxic and can cause cancer and long term property damage in communities. The dangers of TENORM contaminated wastes in oil and gas production operations were not formally addressed until concerns over environmental contamination in production and disposal facilities leading to ground and surface water contamination were identified as harmful. When workers, or members of a community become ill because of negative radioactive materials, a toxic exposure attorney can help.
An experienced attorney in Louisiana can assist victims of toxic exposure and their families by building a case, based on the dangers present to a worker, and the reliance on the company to provide a safe workplace in accordance with Occupational Safety and Health Administration (OSHA) guidelines. OSHA has guidance to protect workers from on-site radiation exposure. The risks include direct gamma radiation, dust inhalation, radon inhalation, drinking contaminated well water, and contamination of food by well water, or dust deposits. “OSHA considers “Exposure” or “exposed” to mean that an employee is subjected to a toxic substance, or harmful physical agent in the course of employment through any route of entry, including inhalation, ingestion, skin contact, or absorption, etc., and includes past exposure and potential, either accidental or possible exposure. Exposure does not include situations where the employer can demonstrate that the toxic substance, or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.”
Damages for related injury, or death.
Individuals who have suffered physical, emotional, and financial harms through contracted toxic exposure illnesses that reduce the quality of life, or shorten their years, have the right to, and in many cases, need to sue for the recovery of monetary damages to assist with the payment of medical treatment, lost wages and living expenses. When egregious employer behavior can be proven to result in harms and death, punitive damages may be requested in civil actions. Contact a personal injury attorney in Louisiana for guidance.
Workers’ compensation vs. civil action.
A skilled toxic exposure attorney can initiate a claim supported by proof of employer negligence to seek monetary compensation through either a workers’ compensation action, or a civil action against a corporation who is manufacturing a dangerous product. The recovery of damages will address losses to victims who have become ill, and families who may have experienced harm from secondary exposure to a toxic substance through a family member’s occupational hazards, and those who have had property damaged by radiation. Mediation and arbitration can allow victims and businesses to achieve a successful damage award for harmful losses, depending on the particulars of a case, including severity of loss, and an employer’s, or manufacturer’s knowledge of the dangerous toxin exposure.
Seek legal counsel.
Experienced attorneys at Stag Liuzza understand how important it is to seek comprehensive financial awards of damages due to toxic exposure as a person may have the burden of long term illness that leads to permanent disability, or death.
STAG LIUZZA, LLC
One Canal Place
365 Canal Street
New Orleans, LA 70130