Employees from the Tucker County, West Virginia, courthouse have filed a wrongful death and personal injury lawsuit against a construction company that did work at the courthouse, alleging that the company spread toxic dust throughout the building and causing serious injuries and even the death of one county employee.
The lawsuit, which was filed on May 18, alleges that the construction company cut a hole into the side of the building while installing an elevator in the building. According to the plaintiffs’ complaint, the construction company failed to take necessary protective measures to prevent toxic dust from spreading throughout the building during and after construction on the elevator.
The complaint claims that, as is the case in many older buildings, lead, asbestos and other harmful substances were present and were spread through the air in the building. Consequently, both county employees and visitors were exposed to the toxic dust.
The wrongful death portion of the lawsuit claims that one of the county employees became sick almost immediately after exposure to the dust. The employee started having difficulty breathing and then contracted pneumonia. The plaintiffs claim that after several hospitalizations and surgeries, she eventually died as a direct result of the exposure to the dust. Other employees also claim to have encountered health problems after exposure to the dust.
The Risks of Toxic Dust
Asbestos is a building material that was widely used until the 1980s in almost all phases of the construction industry. Asbestos was used to strengthen cement, in insulation, and in the manufacturing of floor tiles. Almost every part of an older building could potentially have asbestos hiding within it. In 1989, the Environmental Protection Agency banned all new uses of asbestos because of the health risks associated with exposure to asbestos. Asbestos exposure can severely damage the human body and has been directly linked to mesothelioma, a rare form of cancer. Unfortunately, the harmful effects of exposure to asbestos often do not show up until decades after the initial exposure.
Many of the same concerns apply to the presence of lead in an old building. Just as asbestos was once widely used in the construction industry, so was lead. Lead-based paint was commonly used until it also was finally banned. Exposure to lead can increase your risk of having a heart attack and may lead to memory loss.
Whenever construction takes place on an older building, the risk of exposure to asbestos or lead goes up. Anytime the structure of a building is compromised, such as when a wall is taken down, a roof is replaced, or a hole is drilled, dust is likely to escape. The dust may be toxic because of the presence of asbestos and/or lead.
The Duty to Protect Owed by a Construction Company
Any construction company that is operating at a construction site owes a duty to both its employees and the public at large. That duty requires them to do everything reasonably possible to protect people from harm. The Occupational Safety and Health Administration, or OSHA, is the federal agency that is responsible for promulgating rules and regulations that are intended to keep both construction workers and those that come into contact with a construction site safe. The West Virginia lawsuit also alleges that the construction company violated numerous OSHA rules and regulations by not protecting workers and the public from the toxic dust.
If you have been injured by exposure to toxic dust from a construction site, whether as a worker or as an innocent bystander, the construction company may be liable for your injuries.
The New York / New Jersey construction accident lawyers at Ginarte Gonzalez & Winograd have the experience and the resources to properly investigate your injuries. Once we have established who the negligent party was, then we can pursue compensation for your injuries. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 1-888-446-2783 for your free consultation, or fill out our online contact form.