Asbestos
What is
Asbestos? Asbestos is a mineral mined out of the ground and combined with other
products because it is heat-resistant and strong. It was used in
insulation, fire protective clothing, gaskets, cements, brakes, floor
tiles, joint compounds, and many other products. Industries widely
utilized asbestos-containing products from the turn of the century until
the mid-1970s, when Occupational Safety and Health Administration (“OSHA”)
regulations began limiting the use of asbestos.
Asbestos was used by the chemical, glass, and steel industries, as well,
as at shipyards, power plants, and railroads. Workers from these trades
and other trades, such as pipefitters, boilermakers, electricians, and
carpenters, also exposed their families to the asbestos-containing dust on
their clothes.
The companies that produced asbestos-containing products provided no
warnings on asbestos dangers for decades, despite evidence that they knew
of the dangers of asbestos as early as the 1930s.
How can asbestos affect my health?
Asbestos dust exposure can cause several diseases, years after exposure.
It can cause scarring of the lungs, asbestosis, lung cancer, a rare cancer
called mesothelioma, and other forms of cancer.
Asbestos-related symptoms can include shortness of breath; a cough or
change in cough pattern; coughing up blood; chest or abdominal pain;
difficulty in swallowing or prolonged hoarseness; and/or weight loss.
What should I do if exposed to asbestos?
Persons who believe they have been exposed to asbestos dust should tell
their doctor of their exposure history and of any such problems. A
physical examination including a chest x-ray and a breathing test may be
recommended.
If you believe you have an asbestos-related disease or know of a family
member or friend who has died from an asbestos-related disease, such as
lung cancer or mesothelioma, you should contact a lawyer to learn your
legal rights. Harvit & Schwartz, L.C. has prosecuted many asbestos cases.
Please call us toll free at 1-800-892-0313 for a
free consultation.
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Mining &
Industrial Injuries and Deaths
When people are seriously injured or killed in mining,
industrial or on other jobs, the entire family is affected. Medical
bills and other expenses often increase while wages decrease. These
situations require extensive investigation and analysis in order to
recover all damages allowed by law.
Years of experience in this area of law assists us in evaluating and
prosecuting these types of cases. From surface and deep mining accidents
to industrial accidents of all types, this firm has represented many
clients in this area of law.
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Chemical Exposures & Diseases
Some chemicals, such as benzene, toluene, hexane and
certain cleaning solvents, degreasers and even gasoline
have shown a significant association with leukemia, non-Hodgkin’s
lymphoma and other illnesses. These diseases can develop years after
exposure to these chemicals.
Several scientific studies have concluded that there
is no safe level of exposure to these chemicals.
If you work around these chemicals, then seek
information from your employer on how to protect yourself from skin
contact and inhalation of fumes.
Many chemicals are made and used in chemical, mining,
metal, glass, and other industries. Some of these chemicals, such as
benzene, vinyl chloride, carbon tetrachloride, perchloroethylene, and
certain penetrating cleaners are known to cause cancer. For example, certain cleaning solvents
and degreasers have shown a significant association with leukemia,
non-Hodgkin's lymphoma, liver cancer, kidney cancer, bladder cancer, and
other illnesses. Further, based on studies of truck drivers, bus drivers,
shipyard workers, and railroad workers, lung cancer, and other cancers
have been linked to exposure to diesel exhaust. These diseases can develop
years after exposure to these chemicals.
In fact, Dow Chemical (formerly Union Carbide Corporation) has advised its
employees that liver cancer rates are higher for workers exposed to vinyl
chloride. Dow Chemical has also acknowledged an increased number of
non-Hodgkin’s lymphoma, kidney cancer, and esophageal cancer cases in
present and former employees.
Benzene
Benzene was discovered by an English chemist in 1825 and has been widely
used since then. It is a clear, colorless liquid with a sweet odor. It is
contained in gasoline, cleaning solvents, degreasers, and other chemicals
used both in the workplace and at home. It is used to manufacture dyes,
artificial leather, varnishes, and lacquers, and as a solvent for waxes,
resins, and oils. Industries also use benzene to make other chemicals used
in the production of plastics, pesticides, rubber, lubricants, resins,
nylon, and other products.
Like other chemicals, benzene enters the body mainly through the skin or
from breathing its vapors. Exposure to benzene, even over relatively short
periods of time, can cause serious illness or even death. Benzene is known
to cause diseases such as leukemia, aplastic anemia, non-Hodgkin’s
lymphoma, and multiple myeloma.
If you believe you have a chemical exposure-related disease or know of a
family member or friend who has died from a chemical exposure-related
disease, such as liver cancer, kidney cancer, bladder cancer,
non-Hodgkin’s lymphoma, leukemia, aplastic anemia or multiple myeloma, you
should contact a lawyer to learn your legal rights. Harvit & Schwartz,
L.C. has prosecuted many chemical exposure cases. Please call us toll free
at 1-800-892-0313 for a free consultation.
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MEDICAL MISTAKES
Malpractice occurs when a doctor
improperly diagnoses or treats a medical condition which results in injury
or death to a patient. According to a recent report, more than 98,000
people die each year from medical mistakes. However, simply because the
patient experienced a poor result or even death does not automatically
mean that there was malpractice on the part of the doctor and/or hospital.
The majority of these cases involve complex medical issues which must be
thoroughly evaluated by medical specialists. At Harvit & Schwartz, L.C.,
we believe it is essential to retain top medical specialists to review
your case.
As with all legal claims, there are laws
that govern the time limit to bring such actions called Statutes of
Limitations. A lawsuit filed after the Statute of Limitations has passed
will most likely not be permitted to proceed.
Because of the Statute of Limitations,
it is important to consult an experienced and qualified attorney as
soon as possible, if you believe that you or a loved one has been
subject to a medical mistake.
At Harvit & Schwartz, L.C., there are no
attorney’s fees unless we make a recovery. If we accept your case, then we
take the risk. You do not pay any fees or costs out of your pocket. We are
paid fees and reimbursed costs only if we make a recovery.
If you have questions about an improper
diagnosis or treatment, then contact Harvit & Schwartz, L.C. for a free
consultation.
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PRODUCTS LIABILITY
As consumers we come into contact with a
large variety of products each day. From the medicine we take to the car
we drive. Ordinarily, these products enhance and improve our lives. They
make it possible for us to perform our jobs and support our families. But
sometimes the products we use can cause great injury or even death.
The law requires all manufacturers of
all products to design and make their products safe for consumers.
Consumers have a right to products that perform as advertised and will not
harm them or others.
If you believe a dangerous or defective
product, such as a car, drug or toy has harmed you or someone you know, we
can help. Our attorneys are experienced in handling complex products
liability cases.
Such cases have time limits called
Statute of Limitations. A lawsuit filed after the Statute of Limitations
has passed will most likely not be allowed to proceed.
At Harvit & Schwartz, L.C. there are no
attorney fees unless we make a recovery. If we accept your case, then we
take the risk. You do not pay any fees or costs out of your pocket. We are
paid fees and reimbursed costs only if we make a recovery.
If you have questions about an improper
diagnosis or treatment, then contact Harvit & Schwartz, L.C. for a free
consultation.
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Silica
What is silica?
Crystalline silica is naturally occurring mineral found in sand, rock,
concrete, bricks, mortar, and other natural and man-made substances.
Who is exposed to silica?
Foundry workers, sandblasters, rock drillers, coal miners, concrete
workers, and others are likely to be exposed to silica dust.
What diseases are associated with exposure to silica? Silicosis is caused from inflammation and scarring of the lung tissue.
This obstructs the flow of oxygen into the lungs and bloodstream. If the
scarring grows too large, breathing becomes difficult and death may occur.
Tuberculosis, lung cancer, and other adverse health effects have been
linked to silicosis.
Symptoms of silicosis:
• Shortness of breath following physical exertion
• Severe cough
• Fatigue
• Loss of appetite
• Chest pains
• Bluish skin
Materials that contain silica:
• Blasting abrasives
• Brick
• Concrete
• Sand
• Sandstone
• Cement mortar
• Mineral deposits
• Rock and stone
• Asphalt
Silicosis Prevention
Although there is no cure for silicosis, it can be
prevented with occupational safety measures. The National Institute of
Occupational Safety and Health (NIOSH) recommends certain safety measures
to prevent silicosis and deaths in construction workers. For more
information about prevention, go to
NIOSH.
Where can I get more
information? If you or someone you know has developed a lung disease
from exposure to silica and you have questions concerning your rights
under the law, please contact Harvit & Schwartz, L.C. toll free at (800)
892-0313 for a free consultation. Remember, the law limits the amount of
time you have to file a lawsuit.
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West Virginia Workers'
Compensation
Types
of Claims:
Under West Workers’ Compensation, coverage is
provided for injuries or diseases that occur in the course of and resulting
from employment. In West Virginia, five types of claims are recognized:
occupational injuries; occupational diseases; occupational pneumoconiosis
(dust in the lungs); occupational hearing loss; and occupational death.
Types of Benefits:
In addition to the payment of medical
bills, a worker may also receive other benefits depending on the severity
and duration of the injury or disease. A worker may receive Temporary
Total Disability (if unable to work during the healing or recovery
period); Permanent Partial Disability (if the worker suffers a permanent
disability that is partial and reduces the worker's earning capacity); or
Permanent Total Disability (if the worker is unable to engage in any
substantial gainful employment). A worker may also be eligible for
Rehabilitation Benefits.
If a worker’s death is caused by an
occupational injury or disease, benefits (including burial expenses) are
paid to persons dependent on the worker. Also, if a worker receiving
permanent total disability dies from a cause other than the disabling
injury, then a dependent person will receive two (2) years of benefits.
Time Limits on Filing:
There are time limits in which a worker
or a dependent must file a claim. In West Virginia, the time period is
different for certain claims. Therefore, consult an attorney as soon as
possible after a work-related injury, death or disease or you may be
giving up important benefits provided by law.
Filing A Claim:
If you have questions about filing an
occupational injury, death or disease claim, call Harvit & Schwartz, L.C.
toll free at (800) 892-0313 for a free consultation. We are one of the
leading law firms in West Virginia protecting the rights of workers and
their families.
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