Is an Unreported Benzene Leak Negligence?
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Benzene is a colorless yellow chemical that is found in crude oil, gasoline, and tobacco smoke. It is also a highly effective solvent used in the manufacture of other chemicals, dyes, detergents, plastics, rubber, adhesives, and more. However, benzene is also a carcinogen, or cancer-causing agent that can lead to serious health problems, and even death. For many years, the dangers of benzene were unknown. However, in recent decades, America became aware of the dangers of benzene and many government safety agencies have regulated its use. When there is a spill or leak, it must be reported protect those who may have been exposed and enable them to obtain the treatment they may require.
Benzene Exposure
There are a number of ways that people can be exposed to benzene, but many of them are found in a workplace where benzene is used, but there are others:
- Chemical plants, shoe manufacturers, plastic plants, oil refineries, rubber manufacturers, and gasoline industries
- Open air, due to tobacco smoke, gasoline transfers, vehicle exhaust, and proximity to hazardous waste sites
- Exposure to products containing benzene, such as glues, paints, furniture wax, and detergents
- Contaminated water supplies from underground leaks
- Soft drinks, which previously contained high levels of sodium benzoate or potassium benzoate
Many sources of benzene have come under scrutiny in recent years and the U.S. Food and Drug Administration (FDA) as well as the Occupational Safety and Health Administration (OSHA) monitor products closely to ensure that safe limits are maintained. When they are not, an employee or casual victim may be able to charge that employer with willful negligence for either not adhering to regulations or not reporting accidents and leaks that may endanger employees or the community.
Health Dangers
When someone has been exposed to large amounts of benzene, either short term or long term, they may suffer from any of a number of illnesses:
- Cancer, including leukemia, myeloid leukemia, and acute non-lymphocytic leukemia
- Anemia, including the often lethal aplastic anemia
- Reproductive Issues, including infertility in women
- Immune system damage
Even exposure to low levels of benzene can cause symptoms such as stomachaches, dizziness, vomiting, drowsiness, convulsions, and rapid heartbeat.
Filing Claims
There are a number of ways in which a victim or the family member of a fatality resulting from benzene poisoning can file a legal claim.
- Product liability – when a product has contained excessive amounts of benzene and injured the user that victim may file a product liability claim against the manufacturer or the distributer. Soft drink exposure falls under this category
- Product liability – against a manufacturer of protective gear that failed, causing workers to be exposed to high levels of benzene
- Personal Injury – against a company that leaked benzene, causing injury to people in the area surrounding that company or worksite
- Workers compensation – for benzene poisoning in the workplace
Getting Legal Help with Benzene Negligence
Because of the increase in benzene poisoning cases in recent years, many agencies have had to reevaluate the types and levels of negligence with which an employer, a manufacturer, a supplier, or a company that uses benzene can be charged. Anyone who is suffering as a result of such exposure should contact a personal injury attorney experienced in benzene poisoning cases to learn their options and pursue the compensation they deserve.
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