A United States vs. Canada allergy lawsuit involves a person who was recently diagnosed with asthma, as well as hay fever, and several types of allergies that could be traced to various allergens that are present in the area where he resides. The defendant was a building contractor who failed to properly install certain building equipment that increased the chances of his potential employees contracting some type of allergy-related illness when they worked for him. An employee that was ill also lost hours of work due to his inability to function properly while sick. This case ultimately was lost on the plaintiffs’ final appeal of a lower court ruling that found merit in the claims against the contractor.
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United Allergy Labs Lawsuit
The problem was that the plaintiff’s doctor had never described the symptoms that he had prior to being ill and therefore was excluded as a source of medical information by the defendants’ insurance adjuster. Once again, the insurance company sided with the defendant. The court ruled that since the plaintiff and his family doctor were not able to identify a direct link to the allergy causing his illness, there was no basis to pursue this claim. The judge also indicated that in light of the large number of allergens present in the workplace, it would be nearly impossible for any individual to successfully file an individualized claim against another individual or company responsible for his or her allergy attacks. The ruling essentially was a setback for those that want to pursue litigation from their workplace. It is estimated that up to 40% of cases filed in US courts are lost due to lack of evidence supporting the claims.
There are those that feel that it is important that these lawsuits do not sit idle on a shelf because they have proven to be valuable resources in the past.
Attorneys and medical professionals have been involved in allergy lawsuits for many years and generally view them as a necessary means to ensuring that people are not subjected to harmful personal health conditions and are helped when they need it most. Many lawyers that have handled allergy cases have seen the huge number of patients that have been successful in their claims and the benefits that come with them. They also understand the importance of the legal process and how it can help patients move forward after being adversely affected by another person or company’s negligence.
An important benefit to filing such a lawsuit is that it allows for compensation to be tailored to the particular needs of the individual.
Some allergies are easily identified and can be easily remedied, while others pose more of a challenge. If an individual has a specific type of allergy, the doctor or employer should have known about it at the time of hiring or designing the work environment. This may have been done by taking allergy tests or conducting routine checks. The company should have been aware of the risk of employees acquiring an allergy to certain chemicals present in the workplace.
In many instances, an allergy can be caused by a simple change in the environment that negatively affects an individual.
If a person is exposed to certain chemicals over a period of time, they are more likely to develop an allergy later in life if they are exposed to similar chemicals. For example, those with a family history of allergies are often advised by their doctors to avoid certain chemicals present in the workplace. When this doesn’t happen, they can become vulnerable to developing the disease if they are exposed to the same chemicals again. This is known as occupational exposure and is covered under the law.
Individuals who have a strong case, such as a death in the family or permanent disability due to the negligence of another individual should consider seeking legal representation.
The best way to begin the process of filing a legal suit is to consult with a highly experienced and knowledgeable attorney. A lawyer with years of experience representing individuals with allergies will have a deep understanding of the intricacies involved in filing such a lawsuit, as well as dealing with the best possible outcomes for his client. By staying informed about the various options available to those with allergies, individuals can better prepare themselves for the next step in their legal process. No one wants to have to face the repercussions of an untimely illness or disability while they worked at the same company that caused them harm.
