A toxic substance injury is defined by direct or indirect absorption, contact, ingestion, inhalation, implantation or injection of any substance harmful to the body. Since the advance of the industrial revolution, naturally occurring minerals and man-made materials have become essential in the technological growth of the nation. Unfortunately, many of these minerals, materials and compounds, such as asbestos and benzene, were extremely harmful to those who were exposed to them. Furthermore, companies, manufacturers and distributors of these toxic products were well aware of the dangers associated with their products, yet they ignored, scaled down or denied the health risks.
As part of the legacy of heavy industry in New York State, there will be many more cases of occupational disease and death in the years to come. The attorneys at Lipsitz & Ponterio have spent the past 20 years representing men and women suffering from diseases caused by exposure to toxic substances in the workplace, including asbestos, silica dust, and numerous other cancer causing substances.
If your spouse or parent dies of a disease caused by occupational exposure, including lung disease and cancer, you are entitled to file a claim for death benefits under the New York State Workers’ Compensation Law, provided that your claim is filed within two years of the date of death. Filing a death claim should be accompanied by a copy of the death certificate, the autopsy report, if one was performed, the funeral bill, proof of family relationship (a marriage certificate, and the birth certificate of the decedent) as well as the birth certificate of the surviving spouse or children.
Our office has handled many death claims and gives each case prompt and thorough attention. Often it is necessary to retain a medical expert to review the facts of the case and provide an opinion. We have the resources to prove your case so that you will receive valuable benefits to which you are entitled under the law. Please feel free to contact us and discuss your claim with the attorneys in our office.
A substantial portion of Lipsitz & Ponterio's practice is devoted to victims of toxic-related diseases, such as mesothelioma, chronic beryllium disease, lead poisoning and rubber itch.
Chemical Exposure and Related Diseases:
Benzene has been associated with acute leukemia since 1928.
Coal Tar Pitch
Exposure to aerosolized coal tar and coal tar products, including coal tar pitch, has been known for many decades to cause skin, bladder, kidney, lung and other respiratory cancers in both humans and experimental animals.
Coke Oven Emissions Exposure
Exposure to coke oven emissions is a cause of lung, skin and other cancers.
Chronic Beryllium Disease
Exposure to the dust, fumes, and mist resulting from the machining, sanding, grinding and cutting of beryllium alloys is capable of causing potentially fatal chronic disease in an unknown percentage of exposed persons.
Diesel Fume Exposure
In recent years, scientists and doctors studying the effects of diesel exhaust exposure have concluded that lung cancer is causally related to diesel exhaust.
The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was passed in October 2000 in order to provide monetary compensation and medical benefits to atomic weapons workers who developed cancer as a result of radiation exposure, as well as to workers employed by atomic weapons producers who have developed chronic beryllium disease.
Mesothelioma and Asbestos News
- Buffalo Challenger, July 31, 2012