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How could you sue someone because you got sick?

On Behalf of | Jan 17, 2020 | Workplace Illness

In many cases, people fall ill due to a genetic predisposition or an unhealthy lifestyle, but that is not always the case. For example, exposure to asbestos can result in mesothelioma, a form of cancer.

You may have been exposed to asbestos through beauty products, a contaminated environment or job-related tasks. Depending on your situation, another person’s negligence may be to blame. As such, it might be possible to hold someone accountable for their actions or lack thereof.

The five elements of a negligence claim

There are many things a court will consider if you choose to take legal action. For example, you might find out one of your job duties exposed you to asbestos. To make a negligence claim against your employer, you will need to evaluate:

What is your employer’s responsibility to you? You have the right to a safe work environment. Was your employer aware of the potential asbestos exposure associated with your job? If so, did they inform you about those dangers and equip you to minimize your risk?

Did your employer breach their duty? If your employer was aware of probable on-the-job contamination, did they take reasonable precautions to protect you?

Is your employment the cause of your mesothelioma? If you seek to hold your employer accountable for negligence, a court will likely explore the possibility that your exposure occurred outside of work. In other words, an uncontaminated home may lead a judge to rule in your favor.

Was your illness foreseeable? Your employer’s accountability might only go so far as their ability to know how their choices could affect you.

Does your employer’s conduct correlate with your illness? Your mesothelioma might convince a court that job-related negligence is to blame for your health challenges.

Negligence cases can be extremely complex. However, if you believe your pain and suffering were preventable, exploring your options may be the first step in recovering compensation.

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