Modern worksites pose all kinds of dangers and some you cannot even see because they are in the air. These airborne risks can easily affect your lungs if proper equipment is not used and it normally is not. Here are some examples of cases where workers have suffered lung injuries and have brought civil claims against responsible parties.
If you or a loved one has suffered a lung-related injured related to your work, we invite you to contact our office for a free case review. Rosenfeld Injury Lawyers is committed to maximizing your recovery regardless if it is from workers compensation or a third-party.
2010; Illinois; $17,870,000 Jury Award :
This was a very contentious case. A 65-year-old woman sued her employer and manufacturers that worked for them. She argued that they conspired and concealed from her the dangers related to asbestos exposure. Interestingly, she worked in office administration and not construction, maintenance or any other field commonly associated with asbestos exposure. Nonetheless, she developed mesothelioma due to contact and proximity with it. The defendants retorted that their was no conspiracy, they did not hide anything from her, and her injuries were unrelated to whatever misconduct they might have committed. The jury disagreed. They returned a $17,870,000 for the woman for the following damages:
2013; New Jersey; $625,000 Settlement:
This controversy started when an employee sued his employer in a workers’ compensation lawsuit. The suit alleged that the company was responsible for the lung cancer that developed in the man. He complained that he was exposed to asbestos for over thirty years while working there and that it contributed to the disease’s emergence and expansion in his body. The defendant replied that the man also smoked two packs of cigarettes a day for nearly this same amount of time and that that was the reason for his lung cancer. Responding to this criticism, the plaintiff presented that the presence of asbestos was more responsible for his cancer than the cigarettes. Without admitting that this was true, the defendant consented to settle with the plaintiff for $625,000.
2011; Alabama; $99,500 Settlement:
This dispute was between an electrician and his employer. The plaintiff alleged that he suffered a severe allergic reaction while working one day but also injuries that cumulatively developed over his 17-year period of employment. The damage was primarily to his lungs as well as his eyes and skin. The defendant company denied that it was responsible or liable for these issues. It said that a preexisting health condition was the true source of his harms. Both sides decided to settle for $99,500.
2015; Illinois; $971,700 Settlement:
The victim in this was a pipe fitter and insulator for almost twenty years. At the young age of 42, his doctors diagnosed him with peritoneal mesothelioma and told him it was the result of exposure to asbestos. He sued his employers as well as the makers of the materials that contained asbestos. In total, all of the defendants settled with him for $971,700.
2010; Alabama; $73,000 Settlement:
This matter involved a construction worker. He was working at a job site one day when he slipped and fell. The fall forced him onto a protruding object that punctured his chest and lungs. He sued his employer for the dangerous conditions of the site and the outcome of the accident. The defendant complained that the injuries arose because of the contributory negligence of the man but still preferred to settle than drag the case through trial. They gave the plaintiff $73,000-$68,000 for medical costs and $5,000 for lost wages.
2006; Illinois; $310,000 Jury Awards:
This was a special kind of asbestos case. A man worked for a long time as a railroad worker in their stockyards. In his eventual suit, he claimed that minerals in the products used contained asbestos and that exposure gave him serious health problems including mesothelioma. Going further, he alleged that the company knew of this danger, did not tell their employees of this danger, and failed to otherwise protect them from this danger. The defendants refused to accept any responsibility for the man’s injuries. Instead, they said that his problems stemmed from smoking. The jury returned a $310,000 award for the plaintiff.
2004; Texas: $56,234 Jury Award:
A 32-year-old man brought a suit against his former employer when they denied his workers’ compensation claim. The factory worker claimed that he suffered permanent lung and back damage as well as pain and suffering after an explosion at the plant injured him and other workers. The employer disagreed that his injuries stemmed from this incident and did not give him the benefits he thought he was entitled to so the man sued. After trial, the man received a $56,234 award for his damages.
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