Agricultural Chemical Exposure Claims in Illinois

Helping Agricultural Workers Recover Fair Compensation 

Agricultural chemical exposure claims hold farms liable for the health issues that can result from using dangerous substances like Paraquat. If you or a loved one is suffering from the effects of these chemicals, contact us for a free consultation about your legal rights. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$7,400,000: June, a 33-year-old woman, suffered serious chemical burns after cleaning a storage tank at a food production facility. We demonstrated that the facility had not followed proper cleaning procedures.

$4,200,000: A group of farm workers experienced respiratory damage after exposure to widely used chemicals like ammonia. We demonstrated that the employer had failed to fulfill its legal obligation to protect employees, such as failing to provide proper protective equipment. 

$3,333,333: Albert, a poultry slaughterhouse worker, was using strong chemicals to clean machinery and experienced respiratory issues as a result of mixing certain chemicals. We proved that his employer had not warned him about the health risks and had not properly labeled the chemicals.

Why Choose IL Work Injury Lawyer

Our Chicago farm accident law firm has successfully helped over 5,000 plaintiffs obtain fair compensation for the health issues resulting from chemical exposure. With a 98% success rate and a flawless 10/10 AVVO rating, we are widely regarded as the best work injury firm in Illinois, serving all counties in the state. IL Work Injury Lawyer has also secured the prestigious Super Lawyers rating and is a member of the Million Dollar Advocates Forum, thanks to our multi-million-dollar verdicts. 

Types of Agricultural Chemical Exposure Cases We Handle

• Skin contact with pesticides
• Inhalation of toxic spray
• Contaminated water and clothing
• Long-term chemical exposure, such as Paraquat and Roundup
• Unsafe storage, mixing, or application of toxic chemicals

What Causes Chemical Exposure Among Farm Workers?

• Failure to provide personal protective equipment (PPE)
• Failure to follow Environmental Protection Agency (EPA) or Occupational Safety and Health Administration (OSHA) standards 
• Inadequate training and supervision
• Use of banned, highly toxic, or carcinogenic chemicals
• Leaking and defective equipment
• Chemical exposure due to wind, water contamination, or improper application

What Are the Most Common Human Health Issues Related to Pesticide Exposure?

• Respiratory damage, such as asthma, COPD, and coughing
• Skin conditions, such as rashes, burns, and irritation
• Neurological disorders, such as tremors, memory loss, or nerve damage
• Fertility issues and birth defects
• Blood disorders, such as low white blood cells
• Cancer, such as non-Hodgkin lymphoma and leukemia
• Wrongful death related to long-term exposure

What Compensation Is Available for Exposure to Toxic Substances in Illinois?

Our team will take legal action to recoup all your economic and non-economic damages. This can include:

• Past, current, and future medical bills related to your exposure
• Lost wages and loss of earning potential
• Pain and suffering
• Emotional distress
• Loss of normal life
• Funeral and burial expenses for wrongful death
• Punitive damages for gross negligence 

What Is the Average Pesticide Injury Payout?

The average farming injury payout for pesticide injuries is $66,238,891. The median is $700,000. Payouts range from only $5,000 to $2,065,000,000 for a class-action exposure claim. 

Your payout will depend on various factors, including the duration of chemical exposure, overall health issues, damages, liability, available evidence, and applicable insurance policies. 

Example Cases

John Barnes was diagnosed with non-Hodgkin lymphoma after two decades of using Roundup as part of his professional duties. He sued Monsanto, the manufacturer of Roundup, for failure to warn plaintiffs about the risks of this chemical. A unanimous verdict awarded him $2,065,000,000.00. 

Edwin Hardeman suffered from B-cell non-Hodgkin’s lymphoma after using Roundup weed killer on his properties. He sued Monsanto, alleging that the manufacturer failed to warn that prolonged exposure could lead to cancer. A jury awarded him $80,267,634.10. 

Why You Need an Agricultural Chemical Exposure Lawyer

These cases can be challenging to litigate due to the strict regulations on chemical exposure in industrial settings. We must analyze Environmental Protection Agency (EPA) regulations, review OSHA standards, and establish a link between your injuries and chemical exposure symptoms.

In addition to gathering proper evidence, we must also coordinate with multiple liable parties, such as employers, contractors, and chemical manufacturers. 

Our team will thoroughly evaluate the scientific evidence, consult with toxicology experts, and coordinate third-party suits with workers’ compensation benefits. 

The experienced attorneys at IL Work Injury Lawyer serve both rural and urban counties, including Cook, DeKalb, Sangamon, and McLean Counties. 

How Common Is Chemical Exposure?

The United States uses approximately 1 billion pounds of pesticides annually, accounting for around 25% of the world’s total usage. Almost 100% of American adults have been exposed to dangerous pesticides and other chemicals.

Farm workers are at much higher risk, given that 90% of pesticides are used in agriculture. In urine and blood samples, some laborers had levels that were 400 times higher than those of the general population. 

Every year, approximately 13,000 to 15,000 farm workers fall ill after chemical exposure, though the number may be as high as 300,000 due to a lack of diagnoses and medical care. Additionally, the effects of long-term exposure can take years to materialize, meaning that many victims may not be aware of what caused their illnesses. 

Where Does Pesticide Exposure Happen Most Often in Illinois?

Several Illinois regions are most notorious for high chemical exposure risks. These include:

• Soybean and corn farms in central Illinois, including McLean and Champaign Counties
• Fruit and vegetable farms in southern Illinois, such as Jackson and Williamson Counties
• Agrochemical storage and mixing facilities, such as near Rockford or Peoria
• Greenhouses and crop dusting applications, such as near West Chicago and Aurora

What Laws Govern Chemical Exposure Claims in Illinois?

Some farm workers may be covered by workers’ compensation laws, which mandate some employers to provide insurance for medical bills and lost wages (820 ILCS 305). However, farms with fewer than 400 working days per quarter are exempt from this program, meaning that victims must use personal injury lawsuits as an alternative.

The most common litigation method is premises liability, which holds property owners liable for providing safe conditions for all invitees (740 ILCS 130/). They can be held accountable if they fail to uphold OSHA hazard communication standards, such as OSHA Regulation 29 CFR 1910.1200, or for disregarding the EPA’s agricultural worker protection standards that prohibit spraying while people are present.

Product liability applies to manufacturers, like Monsanto, that don’t warn users about safe application practices or the potential long-term effects of their products (735 ILCS 5/2-21). The state of Illinois itself has sued Monsanto for poisoning the environment with polychlorinated biphenyls (PCBs), setting a precedent for product liability cases against the chemical company. 

If a victim dies from chemical exposure, their loved ones can file a wrongful death claim for end-of-life expenses and grief (740 ILCS 180/). 

How Long Do I Have to File a Personal Injury Claim in Illinois?

In general, you have two years to file an exposure claim for personal injury (735 ILCS 5/13-202). Contact us immediately so that we can develop a strong case. 

Who Is Legally Liable for Injuries Due to Pesticide Exposure in Illinois?

Potentially liable parties include:

• Employers that failed to provide proper PPE or training
• Chemical manufacturers for defective design or failure to warn
• Property owners
• Equipment manufacturers and distributors
• Distributors of mislabeled, banned, or dangerous chemicals

Common Defenses in Agricultural Chemical Exposure Lawsuits

Companies will do everything in their power to reduce your compensation and dismiss their liability. Our legal experts will effectively counter their defenses, which can include the following.

• Preexisting Conditions: If you have a family history of cancer or other illnesses, the company may argue that this caused your diagnosis. We will consult with toxicology experts demonstrating that your specific diagnosis is the result of chemical exposure. 
• Misuse of PPE: The employer could state that they provided PPE but you failed to use it effectively. Work logs and OSHA violation records can prove otherwise.
• Lack of Causation or Lack of Symptoms: Another common defense is that there is no causal link between your injuries and chemical exposure. Medical records and expert testimony will prove this false.
• Voluntary Assumption of Health Risks: Farm work is dangerous, and employers will state you were aware of the danger involved. We will show that your injuries are not an acceptable occupational risk. 

How to Strengthen Your Agricultural Chemical Exposure Case

It is crucial that you act quickly after chemical exposure to build a strong legal case. Follow these steps immediately.

• Seek medical attention and testing for symptoms.
• Preserve any chemical packaging, labels, or usage records.
• Retain your employment and work logs.
• Request OSHA and EPA inspections.
• Preserve your clothing and footwear so that they can be tested for chemicals. 
• Gather witness information and discuss any symptoms with others who may have been exposed.
• Contact IL Work Injury Lawyer before speaking to employers or insurance adjusters. 

How a Pesticide Exposure Attorney Can Help

Our experienced attorneys will guide you through every part of the legal process, including:

• Gathering toxicology and environmental data.
• Investigating your medical records to determine liability.
• Evaluating your damages, such as future care needs and overall lost wages. 
• Coordinating with experts, such as doctors, OSHA inspectors, and chemical experts.
• Managing both third-party liability and workers’ compensation claims.
• Demonstrating product liability and premises liability.
• Aggressively negotiating for maximum compensation.
• Preparing your case for trial and representing you in court if necessary. 

FAQs

How much does it cost to hire a pesticide exposure lawyer in Illinois?

Our team works on a contingency fee basis, so you owe us nothing unless we win your case. Our legal fees are deducted from your settlement, ensuring that workers of any financial means can secure world-class support. 

Who can file pesticide exposure claims in Illinois?

Workers, contractors, vendors, farm guests, and family members of deceased victims may be eligible to pursue litigation. Contact us for a risk-free consultation about your options. 

Can I sue if I was exposed years ago, but symptoms appeared recently?

Many victims are not aware of chemical exposure before developing deadly health issues like cancer. In this case, you may be eligible for a claim under the delayed discovery rule, which tolls the statute of limitations until the problem is discovered. 

Book a Free Consultation

Our compassionate work injury attorneys in Chicago have helped clients across Illinois, winning thousands of cases over the past 25 years. We work on a contingency fee basis, so you owe us nothing unless we secure compensation for you. Call us today for a free consultation about your rights.