When a person inhales toxic fumes, they can sustain an acute injury. Many substances, such as smoke or gases from product manufacturing, can cause these injuries. When toxic gases are inhaled, they dissolve into the moisture of the respiratory tract, causing the respiratory tract to become inflamed. A number of common irritants can cause this reaction and have noticeable effects. The consequences range from minor respiratory discomfort to death.
No matter what substance is inhaled, it’s important for those who are hurt to know they might be able to seek compensation if they suffer a significant injury. If the injury happened at work, they can file a claim through workers’ compensation. Sometimes, an injury claim is also suitable for a work-related injury. Those who were not at work when the injury occurred might still be able to receive compensation by working with an experienced toxic fumes lawyer to file a lawsuit.
Common Causes of Toxic Fume Injuries
There are many different substances that cause toxic fume injuries:
- Smoke inhalation: Smoke inhalation can be an injury on its own, but it is more commonly associated with burn injuries. The main cause of death in burn centers is respiratory failure from smoke inhalation.
- Chlorine is a very common gas that has many uses in several industries. It disinfects water and is an important part of the sanitation process for sewers and industrial waste products. Many household products, such as cleaning agents, also contain chlorine. Inhaling chlorine can result in chest tightness, wheezing, and severe coughing.
- Phosgene: While this substance is widely known as being used as a chemical weapon during World War I, it has many uses today. Pharmaceuticals and other organic compounds rely on phosgene. Inhalation of this substance can cause cell death in the lungs and result in pulmonary edema (swelling of the heart).
- Ammonia: Another common household cleaning agent, ammonia, is toxic and can cause many injuries when inhaled, including respiratory distress or failure.
- Sulfur mustard: The resulting toxic fumes from this gas are extremely harmful to humans. Victims often suffer from respiratory tract lesions, bone marrow depression, and eye damage. Chronic bronchitis is another injury that can result from inhaling sulfur mustard.
- Chloramine: is released when ammonia and bleach are accidentally mixed, typically through household cleaning products. It can cause severe respiratory irritation and acute lung injury.
While there are many different causes of injuries from toxic fumes, injured individuals have two basic options for claiming compensation: workers’ compensation or personal injury.
Workers’ Compensation Claim versus Personal Injury Claim
When an employee sustains injuries from toxic fumes at work, the employee can usually file a workers’ compensation claim. Employers in Illinois are required to carry workers’ compensation insurance in the event that an employee becomes injured on the job. Workers’ compensation is no-fault insurance, meaning those injured can still file a claim even if there is no evidence of negligence or carelessness by the employer.
Although most workplace injuries will go through the workers’ compensation system, there are instances in which hurt workers can file a lawsuit. If an employer does not carry insurance, injured employees can sometimes file a claim directly against the employer. If a worker was injured by a third party, such as a supplier of the toxic substance, those injured can also file a lawsuit or a “third-party” injury claim.
When injuries from toxic fumes are not sustained at work, those injured may be able to file an injury claim against the liable party. For example, a household cleaner may fail to warn the consumer that it contains bleach. If the consumer then mixes it with ammonia, not knowing it is dangerous, they could suffer from chloramine injuries. They could then file a personal injury claim against the manufacturer for failing to warn them of the risk associated with their product. An establishment such as a restaurant may have a gas leak from one of its appliances, such as a stove or a furnace. If the management knew or should have known the danger and failed to act, it may be responsible for the injuries.
We handled a case by a tenant against her landlord after she sustained a significant injury due to a faulty gas heater that emitted dangerous fumes.
Did You Sustain a Toxic Fumes Injury? Call Our Chicago Toxic Fumes Lawyers
While workers’ compensation and personal injury claims can provide compensation for those hurt by toxic fumes, neither is a simple process. Illinois’s workers’ compensation system quickly becomes complex, and personal injury lawsuits often present many unique challenges. If you have been hurt due to inhaling toxic fumes, you need an experienced attorney who can help you through the process.
At the Blumenshine Law Group, we can help you file a claim for your injuries. We will negotiate with insurance companies and hold them accountable for paying the compensation you deserve. Call us today at (312) 766-1000 or [email protected] to schedule your free consultation with one of our attorneys.
Need Help? Call Now: 312.766.1000