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Latex Allergy compensation claim

Latex Allergy Compensation Claim

Information for your compensation claim

A report has shown that about 6% of the population suffer from latex allergies. Where it is evident that latex gloves are primarily composed of latex, there are a great many daily products which contain latex which are not so easily identified.

Did you know: some pillows use latex in the foaming,while some household fans use latex on the handles? It’s surprising to learn how there are thousands of products which contain latex. Typically, a person who is allergic to latex will have what is called a TYPE IV reaction. This is usually a rash or slight irritation. However, there are times when a more sever reaction occurs.

Type 1 latex allergic reaction

Type 1 reactions are immediate and severe allergic reactions to latex. In such cases, the person may experience:

  • Hives
  • Swelling
  • Rash development
  • Redness of Skin
  • Asthma
  • Conjunctivitis
  • Anaphylaxis
  • Swelling of the windpipe
  • Bleeding of the skin

If you have experienced any of these symptoms and have found that he result was due to a latex allergy, then you may have grounds for a compensation claim.

Who is at risk?

As the range of latex usage is vast, anyone can have an allergic reaction to latex from the use of everyday products. However, professionals who come in contact with latex everyday include healthcare workers, dentists, salon employees, entertainers, sanitation engineers, food industry professionals, and industrial assembly workers.

The law states that employers must give appropriate disclosure to employees concerning their exposure to latex and that they notify the employees of the potential of ill health of any product. Businesses are required to address the risks of allergic reactions and other effects of their products and take preventive measures (such as offering an alternative to latex) to reduce the risk. It is also the responsibility of the employer to keep latex from contacting and contaminating areas which employees are exposed to regularly.

Do you have grounds for a latex allergy compensation claim?

If you have suffered from a latex allergic reaction that resulted in the inability to work and in a loss of wages as a result, you may have ground for a compensation claim, especially if the product with contained latex was not properly labelled to make you aware of the use of the substance in the product.

Employees which were not informed that he gloves and other equipment used containing latex had the possibility of an allergic reaction may have grounds for a claim, especially if the product was not labelled as being latex based or if an alternative (such as vinyl) was not offered.

If you have been to a salon or another facility where latex products were used and came in contact with your skin causing an allergic reaction, you may have grounds for a claim. Specifically, if you have attended a medical facility and were not asked if you have any allergies or if you were not advised that the facility uses latex glove you may have grounds for compensation.

Individuals which have had to undergo severe medical treatment as the result of latex contact from another’s negligence definitively have grounds for a claim.

Considerations

Negligence and Compensation claims are based upon the assumption that a normal person would not have suffered injury should there have been proper preventive measures in place to minimise/eliminate the risk. The severity of the negligence will greatly influence the potential for a successful claim as well as the amount of the compensation. You are advised to seek the professional diagnosis of a doctor, nurse, medical staff, or practitioner in order to determine the severity of your injury.

Compensation claims are time sensitive and must be filed according to the regulations and procedures set forth by the courts. The sooner you file a claim the more apt you are to have a positive outcome on your claim. The longer you wait to file the less likely you are to win your case.

Realistically, Type IV cases will seldom see high levels of compensation on a claim unless gross negligence causes the allergy. However, this is not meant to encourage anyone to enhance their injuries. Your health is more important than that. Determine whether your injuries are a result of negligence or just an accident by contact a legal advisor and explaining your case.

Have you been exposed to latex and suffered from a severe allergic reaction? We can help you with your compensation claim.

If you have suffered from a Type 1 allergic reaction to latex, or if you believe that you have grounds for a negligence/compensation claim and wish to talk to a professional concerning the details of your case, please contact us. Our firm will evaluate your case one on one with you to determine the severity of your claim as well as present you with the options available to get the compensation you deserve.

 

 

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