Toxic Exposure Attorney

Under OSHA's Hazard Communication Standard (29 CFR 1910.1200), employers must maintain a chemical inventory, provide Safety Data Sheets (SDS) for all hazardous chemicals, label containers properly, and train employees on chemical hazards. California's Proposition 65 adds requirements to warn about chemicals known to cause cancer or reproductive harm. New York's Right to Know Law provides additional protections.

Workers compensation is typically the exclusive remedy against employers for workplace injuries in both California and New York. However, exceptions exist: you may sue third parties (chemical manufacturers, property owners), and if the employer's conduct was egregious (fraudulent concealment of hazards), additional remedies may be available. California allows dual-capacity suits in certain circumstances.

Many occupational diseases have long latency periods. California's statute of limitations for toxic exposure begins when you knew or should have known the illness was work-related, not when exposure occurred. Workers compensation claims for occupational diseases have special filing rules in both CA and NY. The discovery rule protects workers who develop cancer or other diseases years after exposure.

Common claims involve asbestos exposure (mesothelioma, lung cancer), silica dust (silicosis), lead exposure, pesticide exposure (agricultural workers), benzene exposure (leukemia), formaldehyde, welding fumes, industrial solvents, and mold exposure. Both California and New York have specific regulations for many of these substances that exceed federal OSHA standards.