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Occupational Disease
In 1970, the U.S. Congress passed the landmark Occupational Safety and Health
Act. This law established, for the first time in America, a national
policy “to assure so far as possible every working man and
woman in the Nation safe and healthful working conditions and to
preserve our human resources.” Sadly today, 35 years later,
that pledge too often is not honored.
Millions of American workers face avoidable illness and injury
hazards every day at work. These hazards come from a large number
of dangerous chemicals, from toxic dusts and metals, various types
of radiation, physical hazards such as excessive noise and heat,
and a number of biological agents such as viruses and bacteria.
Unsafe conditions often result from machines and tools, poorly
maintained or selected improperly, or lacking proper safety guards.
Workplaces can have insufficient ventilation, poor lighting, and
electrical hazards. Workers may not have proper personal protection
such as respirators, work gloves, or chemical resistant clothing
when needed. Critical information for workers about the health
effects of toxic chemical hazards and vital job safety training
may not be given, even though required under the law.
Occupational diseases can affect virtually every organ in the
body. Work related diseases have been documented for the heart
and lung, the brain and nervous systems, the kidneys and urinary
tract, the reproductive system, the gastrointestinal tract, and
the endocrine and hormone system. The kinds of well recognized
occupational illness include cancers, asthma, heart attack, nerve
damage, anemia, bronchitis, brain damage, kidney failure, vascular
disease, and psychiatric illness.
Occupational diseases occur in a wide variety of industrial and
job settings. They have been documented in chemical processing,
construction, transportation, manufacturing, health care, marine
and commercial fishing, farming, computer and electronics, and
oil and gas drilling industries. Plant workers, carpenters, nurses,
roughnecks, technicians, tankermen, truck drivers, assembly line
workers, laborers, insulators, and dock workers are just a few
of the job categories at increased risk for work related diseases
and injuries.
It is estimated that more than 100,000 Americans die each year
from job-related injuries and illnesses, but no one knows the
exact count. Many more are injured or become ill every year. A
significant number of these are harmed permanently, suffering
chronic illness, recurrent pain, poor health, and loss of ability
to work and enjoy life. This burden of work related disease drains
the resources of workers and their families, the health services
of communities in which they live, and causes an enormous economic
loss for the entire nation every year.
Much of the occupational disease suffered by American workers
is unnecessary and preventable and would not occur if the existing
laws and regulations were properly followed, and well known safety
and health precautions were routinely taken by employers.
Since workers can have job related illnesses that are similar
to medical conditions due to other causes, careful diagnosis and
investigation is necessary to determine whether a particular disease
is work related or not. This is often a complex undertaking, and
requires sophisticated legal assistance in order to preserve a
worker’s rights.
Attorneys at Kleinpeter & Schwartzberg LLC have more than
20 years experience in providing legal counsel and aid to injured
and sick workers with occupational illnesses of many kinds. We
are ready to evaluate cases from the straightforward to the most
complex circumstances to ensure that injured workers are able
to receive appropriate compensation.
If you or a loved one is in need of legal assistance, please call Kleinpeter
& Schwartzberg, L.L.C. at (225) 926-4130 or toll
free (800) 548-6130 anytime during regular business hours, Monday-Friday
(8:00 AM to 5:30 PM), or submit an online questionnaire.
The initial consultation is free of charge, and if we agree to handle your case,
we will usually work on a contingency fee basis, which means we get paid for our
services only if we recover money for you. Remember, if a lawsuit is not
filed within the time limit set by law, all rights may be lost forever.
Only an attorney, based on the factual information provided by the client, can
determine for sure the applicable prescription period (time limit). Please do
not delay in seeking legal assistance to ensure that you do not waive your right
to possible compensation.
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