Workers' Comp May Not Be Your Only Option
Many workers who get sick from an on-the-job chemical exposure assume workers' compensation is the end of the story. Sometimes it is only part of it — a separate claim against a responsible third party may exist alongside comp.
Two different paths
Workers' compensation is generally your remedy against your employer — a no-fault system with limited categories of recovery. A toxic tort, by contrast, targets a responsible third party, like a chemical manufacturer or a company that controlled the site, and can seek the full range of injury damages.
Why the difference matters
Because a third-party toxic tort can seek damages that comp does not — like pain and suffering — identifying whether one exists can significantly affect your recovery. The two can proceed as parallel paths.
How to find out
Which paths apply depends on the facts of your exposure. A free, confidential review can identify whether a third-party claim exists alongside any comp claim — so you do not leave a recovery on the table.
Frequently asked questions
I already filed workers’ comp. Did I give up a lawsuit?
Not necessarily. Workers' compensation is generally your remedy against your employer, while a toxic tort targets a responsible third party — they can coexist. Whether you have both depends on the facts, which a free review can assess.
This article is general information about Toxic Torts injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
The law depends on your state
The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to toxic torts.
Bitten by someone else's dog?
A quick, confidential review can tell you where you stand — about two minutes, no cost, no obligation.