Legal Aspects Of Lead Poisoning
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Lead poisoning can have immediate impact on your body. What's more is, exposure to lead can also present cognitive damages sometime down the road. That is to say, lead exposure is a double-edged sword, and immediate detection is not always possible. Becoming knowledgeable on lead exposure and the legal aspects of it is crucial for anyone who feels they may have been exposed to even the smallest amounts of lead.
If there is any suspicions that you, your child, or another family member has lead poisoning, it is wise to seek professional advice and assistance immediately.
Lead-based paint is one of the most well-known causes of lead poisoning. In 1978, the Consumer Product Safety Commission, or CPSC, banned the sale of lead-based paint for use in homes, furniture, and children's toys. However, lead paint can still be found on and around many homes today. Unfortunately, there are many other causes of lead poisoning, such as job site exposure, drinking of contaminated water, and ingestion of other lead-based materials.
Those who suffer from lead poisoning that was a result of their job may be covered by their state's worker's compensation act. If it is proven that the lead poisoning resulted from working, several benefits may be available. These benefits may include compensation for medical expenses, vocational and physical rehabilitation, wage losses, and more.
It is highly recommended that a person seeking workers' compensation benefits hire an attorney who specializes in related cases. Each state's workers' compensation laws are different. Hiring a specialized attorney will help in getting the benefits and coverage you are entitled to.
There are other types of lead poisoning cases. Personal injury litigation can be sought against various parties, depending on the circumstance. Perhaps the most common personal injury litigation involves the person suffering from lead poisoning and his or her landlord or property owner. It is typically the landlord or property owner's responsibility to let their tenants know that lead paint and other items made of lead are on, or within, their property. If the landlord fails to do so, he or she may be subject to a lawsuit or other legal actions.
Some people may get lead poisoning due to the removal of lead-based paint from their home and the subsequent dust that follows even when it is not seen by the naked eye. This is usually a service provided by professional lead removal contractors. A lawsuit may be filed against a contractor under specific circumstances involving negligence on the contractor's behalf.
Also, health care providers may be subject to litigation. Health care providers test and treat those who suspect or know they have lead poisoning. They must do so appropriately. If they do not, medical malpractice can be considered, and legal action may be taken against them.
Others may be held liable in lead poisoning cases and subject to legal action. They may include government entities, property managers, or municipalities. It is important to choose your attorney wisely when seeking legal action against another party in lead poisoning cases.
