The Trial Lawyer Spring 2022 | Page 91

Toxic exposure in the workplace is a harrowing reality for workers in the agriculture and construction industries . Heavy chemicals used in large quantities can and do have horrible effects on the human body . Regulatory bodies like OSHA list permissible exposure limits in an attempt to protect workers , but in a tragically large number of cases , a chemical is not known to have harmful effects until it is too late . Two of the largest offenders on a national scale are Paraquat and asbestos . These products were in use for years before scientists and employers knew that they were detrimental to physical health . Now , agricultural and construction workers are dealing with horrific side effects from simply doing their jobs , and those in the Spanishspeaking community are often left without the legal representation they need .
First , what are these products , and how have they affected workers ? Paraquat is an herbicide utilized heavily in the commercial agricultural industry as a weed-killer . This widely-used herbicide is very effective but has tragically been linked to a variety of serious ailments . According to the Center for Disease Control & Prevention , the ingestion of small to medium amounts of Paraquat can lead to heart failure , kidney failure , liver failure , and lung scarring . Research conducted by the National Institutes of Health ( NIH ) also links the use of paraquat to a 2.5x higher risk for developing Parkinson ’ s disease . It can be difficult at best to know when exposure has taken place , and by the time symptoms arise it is often too late to take any preventative measures . Similarly , in the construction industry , asbestos was heavily used for insulation and fire protection between the 1940s and 1980s . Since then , its use has been severely limited , but it is not banned in the United States . Today , construction workers coming into contact with pre-1980s construction are at high risk for asbestos exposure . Asbestos is a known carcinogen , with clear links between asbestos exposure and mesothelioma . In fact , The Mayo Clinic asserts that asbestos exposure is the primary risk factor for mesothelioma . Mesothelioma is an aggressive and deadly form of cancer that grows in the thin tissue layer that covers the majority of our internal organs . It is commonly found in the tissue surrounding the lungs , and for most patients , a cure is not possible . Airborne asbestos particles are invisible to the naked eye , so construction workers often have no idea whether or not the air they are breathing is safe or deadly .
In many cases , agriculture and construction workers who have been exposed to harsh chemicals wind up paying tens to hundreds of thousands of dollars in medical bills and ongoing treatment — all for maladies they developed in what were supposed to be “ safe ” workplaces . With so many clear and scientifically researched links between these commercially used chemicals and severe , life-threatening maladies , it is no surprise that educated victims are looking for representation in both class action lawsuits and mass torts . These cases can be highly lucrative for the representing law firm , and when it comes to cases involving paraquat or asbestos , a good outcome is highly likely . However , the key to building a successful class-action lawsuit or mass tort case is finding enough victims to make an impact . The more individuals involved in a class-action lawsuit or mass tort case , the more powerful the argument becomes in their favor . The question then becomes : how do firms find enough plaintiffs to make a class action lawsuit or a mass tort case viable for their practices ? The answer is deceptively simple — build awareness in the community of victims by presenting legal education and services in Spanish in addition to English .
The Spanish-speaking population in the United States is massive . According to the most recent U . S . census , over 51 % of population growth in the last decade came from this community . 13 % of the Hispanic and Latino population in the U . S . speaks Spanish at home — or more than 41 million people , and according to the Migration Policy Institute , 44 % of Spanish Speakers in the US are considered to be of limited English proficiency .
In both the agriculture and construction industries , the presence of Spanish speakers is even more pervasive than on the national stage . American farms are highly dependent on Hispanic workers .
According to the University of Kentucky ’ s College of Agriculture , Food , and Environment , Hispanics make up a fifth of the national workforce , but more than half ( 51 %) of hired farmworkers in the US are Hispanic . It is also important to debunk the myth that most , if not all of these Spanish-speaking agricultural workers are migrants . According to the USDA ’ s Agricultural Workers Survey , more than 75 % of agricultural workers are “ nonmigrant : settled ,” which means that the majority of Hispanic farmworkers in the United States who are exposed to harsh chemicals live within our borders full time , and rely on our health and legal systems for care .
Much like the agricultural industry , the construction industry is home to a disproportionally large number of Spanish speakers . According to the US Bureau of Labor Statistics , 42.1 % of building services workers are Hispanic , and across
the entire construction industry , 30 % of The Trial Lawyer x 89