Member of:
Justia Lawyer Rating
American Association for Justice
NYSTLA
Union Plus
AARP

New York Chemical Inhalation Injury

The threat of toxic spills, gas leaks, and hazardous chemical exposure is present in many different locations, from construction sites and industrial plants to tunnels and underground projects. The risks also extend to seemingly safe places like home supply stores, hardware stores, gas stations, laboratories, hospitals, pharmacies, and even in schools and basements of homes. Exposure to dangerous chemicals can lead to serious injury or even death. When it comes to workplaces, it is imperative that businesses supply employees with personal protective equipment (PPE) such as masks, protective eyewear, gloves, and more, as well as take other safety precautions. In New York, dangerous substances include asbestos, lead, gasoline, disinfectants, pesticides, flame retardant chemicals, crystalline silica, and formaldehyde. If you or a loved one was suffered a serious illness due to exposure to chemicals, contact an experienced New York personal injury lawyer at Stephen Bilkis & Associates. Because the effects of chemical inhalation often do not present themselves for years after exposures, it is critical to seek experienced representation who understands the nuances related to a chemical inhalation injury.

What Is a Chemical Inhalation Injury?

A chemical inhalation injury occurs when an individual is exposed to toxic substances present in the air, leading to harmful effects on their respiratory system and overall health. These injuries often result from inhaling gases, fumes, vapors, or dust containing hazardous chemicals. The severity of such injuries can range from mild respiratory irritation to life-threatening conditions, depending on factors such as the type of chemical, its concentration, and the duration of exposure.

Toxic exposure can lead to a wide range of injuries and health issues, depending on the type and duration of contact with hazardous substances. Here are some common injuries and health conditions that can result from toxic exposure:

  • Respiratory Problems: Inhalation of toxic fumes, gases, or airborne particles can lead to respiratory issues such as coughing, wheezing, shortness of breath, asthma, chronic bronchitis, and even more severe conditions like chemical pneumonitis or lung fibrosis.
  • Eye Injuries: Exposure to certain chemicals can cause eye irritation, redness, tearing, and, in severe cases, even permanent damage to the eyes and vision.
  • Neurological Disorders: Some toxic substances have neurotoxic effects, leading to neurological disorders like headaches, dizziness, memory loss, cognitive impairment, and in extreme cases, seizures and nerve damage.
  • Reproductive Issues: Toxic exposure can affect the reproductive system, leading to fertility problems, birth defects, and developmental issues in newborns.
  • Organ Damage: Certain toxins can harm internal organs, such as the liver, kidneys, and heart, causing long-term health complications and organ failure.
  • Cancer: Prolonged exposure to certain carcinogenic substances can increase the risk of developing various types of cancer, including lung cancer, skin cancer, and leukemia.
  • Allergic Reactions: Some individuals may experience allergic reactions upon exposure to certain toxic substances, leading to skin rashes, hives, itching, and respiratory difficulties.

The symptoms of chemical inhalation injuries can vary widely, from mild signs like coughing and eye irritation to more severe effects like respiratory distress, chemical burns, and organ damage. In extreme cases, inhalation of certain toxic chemicals can result in long-term health problems or fatalities. If you experience any of these symptoms, seek medical attentional immediately. If you are concerned that you or a loved one has suffered a chemical inhalation injury, contact an experienced New York personal injury lawyer.

Causes of Chemical Inhalation Injuries

Chemical inhalation injuries can occur due to various causes, many of which involve negligence or unsafe practices. Some common causes include:

  • Lack of Training and Safety Protocols: Insufficient training and inadequate safety measures in workplaces where chemicals are handled or used can increase the risk of accidents.
  • Equipment Failure: Malfunctioning machinery or faulty valves can lead to leaks or chemical releases.
  • Transportation Accidents: Spills during the transportation of hazardous materials can result in chemical inhalation injuries.
  • Improper Labeling or Storage: Inadequate labeling and incorrect storage of chemicals can lead to accidental exposure.
  • Lack of Ventilation: Poorly ventilated spaces can allow chemical fumes to accumulate, increasing the likelihood of inhalation injuries.
Pursuing Compensation for Chemical Inhalation Injuries

Under New York law, liability for chemical inhalation injury may fall on anyone whose negligence led to your injury, including: property owners, contractors, subcontractors, truck drivers, and manufacturers. Victims of chemical inhalation injuries may be entitled to seek compensation for the damages they have suffered, which can include medical expenses, covering past and future medical treatments, hospitalization, medications, and rehabilitation. Additionally, victims can seek reimbursement for lost wages during recovery and compensation for reduced earning capacity if the injury results in long-term or permanent disability. Moreover, they have the right to claim damages for physical pain, emotional distress, and a diminished quality of life arising from the injury. Furthermore, punitive damages may be awarded if the responsible party's actions display gross negligence or willful misconduct, serving as both a punishment and a deterrent for such behavior.

Statute of Limitations for Claims Related to Chemical Inhalation Injuries

If you or a loved one has suffered a chemical inhalation injury in New York, it is crucial to act promptly due to the statute of limitations. In the state of New York, the statute of limitations for personal injury cases, including chemical inhalation injuries, is typically three years from the date of the accident. Failing to file a claim within this time frame may result in the forfeiture of your right to seek compensation.

However, because some injuries related to chemical inhalation may not become known for years or even decades after exposure, a special exception to the normal 3 year statute of limitations may apply. It is important to discuss the matter with an experienced personal injury attorney in New York who will understand how the statute of limitations applies to your case.

Contact Stephen Bilkis & Associates

Chemical inhalation injuries can lead to profound and life-changing consequences for both victims and their families. If you or a loved one has experienced a chemical inhalation injury resulting from negligence, it is crucial to seek legal assistance from skilled personal injury attorneys serving New York. At Stephen Bilkis & Associates, we are committed to supporting victims of chemical inhalation injuries. Our team understands the intricacies of personal injury law related to workplaces, construction sites, and safety and will tirelessly strive to ensure you receive the rightful compensation you deserve. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Brooklyn, Long Island, Queens, Manhattan, Nassau County, Staten Island, Suffolk County, Bronx, and Westchester County.

Client Reviews
★★★★★
When my mom, who is suffering from dementia, faced a slip and fall personal injury lawsuit, I contacted Stephen Bilkis of the Law Offices of Stephen Bilkis & Associates. Not only did he provide a strategy for defending the claim, he also advised me on steps to take to avoid future personal liability. Whether you are the defendant or plaintiff in an injury case, I highly recommend Mr. Bilkis. S.M.
★★★★★
From the very first phone call to Stephen Bilkis' office, the staff was extremely polite and helpful in assisting me. Mr. Bilkis was honest and upfront with me from the beginning in what he projected the outcome of my case would be; in the end we got better results than either of us anticipated. He was very genuine and compassionate in understanding my situation and how this legal matter could effect not only myself but my family as well. I highly recommend this law firm and will most definitely continue using them for any future legal needs. Jarrett
★★★★★
I had my first encounter with Mr. Stephen Bilkis three years ago over the phone. He and his staff have been nothing but courtesy and professional. Their hard work ended with a large six-figure settlement for my case. I would highly recommend you contact his office. I want to give a special THANK YOU to Ms. Tricia Krapf. She always made me feel like a priority and was always kind and professional over the phone and email. I highly recommend them to anyone in need of legal representation. Celesta