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Hazardous Waste Exposure Attorney in Hattiesburg

Generally speaking, the individual or organization that caused you injuries due to exposure to hazardous waste is responsible for the cost of your treatment. 

It may be your employer or a manufacturer of a product you used, which may require you to call for help to attend legal settlements and claim your rightful compensation. 

As a hazardous waste law firm in the city, our lawyers are available to support people who have suffered from negligent treatment. 

Let’s discuss everything you need to know when filing a hazard waste settlement.

What is a Hazardous Waste Lawyer?

Hazardous waste lawyers specialize in cases that involve health and physical damages from exposure to harmful by-products and the like. 

They classify under personal injury lawyers. They mainly represent the injured plaintiff or the accused defendant.

Their job is to thoroughly research their clients’ claims by analyzing client and organizational safety records and regulations, medical records and inventories among a number of other factors.

Hazardous substance lawyers who specialize in this type of complex work-related must have a wealth of experience to ensure that you receive a fair level of compensation for the hazardous waste injuries you sustained. 

They require extensive training to develop mastery in this area of law, as well as research skills, medical knowledge, and familiarity with chemicals.

Mastery of specific federal laws and relevant organizations such as the Occupational Safety and Health Administration (OSHA) can also help toxic and hazardous waste lawyers advance their careers and help their clients. 

Some lawyers may even specialize in one type of lawsuit, such as an isocyanate exposure lawsuit.

How Long Does It Take To Settle A Hazardous Waste Lawsuit?

The answer depends on the case’s complexity for clients who want to know how long it takes to settle a hazardous waste lawsuit.

Just the investigations for hazardous waste exposure can require months of significant time and resource investment and any subsequent lawsuits should be expected to take at least several years from start to finish. 

What Are The Legal Principles For Handling Waste?

In the United States, the law Resource Conservation and Recovery Act (RCRA) gives the Environmental Protection Agency (EPA) the authority to regulate hazardous waste management throughout the country.

The regulation scope covers all the legal aspects of solid waste disposal, storage, treatment, exportation, and production. 

EPA develops regulations, guidelines, and policies, ensuring the safe and beneficial handling of solid and hazardous waste.

Subtitle C of RCRA declares the regulations about all the aspects of handling hazardous waste. In title 40 CFR parts 260 through 273 of RCRA, you can find all the rules governing the identification, classification, generation, management, and disposal of hazardous waste.

What Materials Legally Classify As Hazardous Waste?

While we can often instinctively distinguish what is harmful or not, The EPA has provided legal guidelines to identify hazardous waste. 

It helps a prospective plaintiff or defendant to make sound decisions for the lawsuit. 

Before discussing legal violations of waste management, let’s first discuss the materials classified as hazardous waste.

EPA provides standards for identifying materials that classify as hazardous waste. If the material has one of the following characteristics, a company must handle it in compliance with federal laws:

  • Ignitable: a waste that is spontaneously combustible or flammable
  • Corrosive: a waste that can corrode metal and is acid-based
  • Reactive: a waste that can explode
  • Toxic: a waste that can cause harm from absorption or ingestion

What Materials Legally Classify As Hazardous Waste?

RCRA defines solid waste as “any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, resulting from industrial, commercial, mining, and agricultural operations, and from community activities.” 

It also provided criteria for discarded materials to classify as solid waste, where meeting at least one confirms it:

  • Abandoned: A product of disposal burning or sham recycling
  • Inherently Waste-Like: A material that naturally poses a threat to human health and the environment
  • A Discarded Military Munition: Unused or defective munitions that are results of abandonment, deterioration, or declaration of an authorized military official
  • Recycled in Certain Ways: Materials excluded in the Code of Federal Regulations (CFR) at 40 CFR section 261.4(a).

What Should You Do After Exposure To Hazardous Waste?

First and foremost we always recommend calling 911 for emergency medical situations. 

Before taking any legal action, prioritize your own safety and health. 

No amount of compensation can restore you to the quality of life you enjoyed prior to sustaining permanent damage or disability to your health.

We recommend immediate seeking medical attention, such as first aid, to prevent prolonging and/or complicating the injury. 

If you experience hazardous waste exposure at work, make sure to follow the respective guidelines provided by the Occupational Safety And Health Administration (OSHA) for a specific type of waste.

When To File A Hazardous Waste Lawsuit?

Filing the lawsuit after the prescribed period will invalidate it, emphasizing the urgency of the case. 

In Mississippi, the state provides a statute of limitations of three years for solid and hazardous waste.

How Should You Know If You Can Sue The Employer?

By default, RCRA requires organizations to follow waste management laws and regulations. 

If you’re at work, your employer needs to follow the rules provided by OSHA. Failure in compliance can result in penalties, and as an employee you may have a right to compensation. 

Your employer may be liable if evidence proves the following:

  • The employer with a legal duty showed negligence to provide a safe working environment
  • The chemical exposure causes damages that require medical attention
  • The employer failed to provide sufficient material handling equipment

Seeking Help From a Hazardous Waste Exposure Management Law Firm In Hattiesburg

If you get an injury or illness from hazardous waste exposure, we recommend contacting your waste management law firm in Hattiesburg today. 

An attorney can defend you and help you claim your rightful compensation. 

In Deakle-Johnson Law Firm, you can rely on our attorneys to provide you with sound legal advice on your way to recovery.

 


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