Helping Clients Collect Maximum Compensation for Burn Pit Injuries
The U.S. government authorized the use of burn pits to dispose of a wide range of materials in many U.S. installations across the world. This practice began during the Gulf War in 1990 and continues to affect veterans to this day. Because of the hazardous nature of burn pit waste and the lack of protection offered to employees who inhale these fumes daily, many veterans and civilian contractors are suffering a number of conditions resulting from burn pit exposure.
If you or a loved one has developed a respiratory or other illness that has been linked to burn pit exposure, you may be eligible for compensation. Veterans are encouraged to sign up in the VA’s burn pit registry if they are victims of burn pit fume inhalation. However, participating in the registry is not the same thing as filing a claim. To get the maximum compensation you deserve, you should reach out to a skilled legal professional right away.
At Benner Law Firm, our team of attorneys is dedicated to fighting for veterans and civilians who are suffering because of exposure to dangerous conditions like burn pits. We understand the stress and frustration of dealing with an injury or condition because of another party’s negligence. We promise to use our experience and skills to get you the full compensation you deserve under the law. Call 714-497-2544 immediately to schedule a free strategy session and learn more about how we can help.
What Are Burn Pits and Why Are They So Dangerous?
Military burn pits have been used for decades as a quick and easy way to eliminate waste. A burn pit is an effective method for large-scale waste disposal; however, burn pit smoke has been linked to many dangerous illnesses, including cancer. These health concerns have led to disability compensation and other benefits for those who have suffered because of exposure to burn pits. Burn pit lawsuits continue to be common among veterans and civilian contractors who were exposed to toxic substances in open-air burn pits.
Some of the reasons burn pit exposure is so dangerous include:
- Burn pits are used to dispose of toxic materials, including ammunition, paint, and plastic waste.
- Human and medical waste materials are often disposed of at military burn pits.
- Veterans and civilians are exposed to burn pits daily, increasing the likelihood of developing dangerous illnesses and diseases.
- Service members are often not given adequate protection when subjected to military burn pit exposure.
Toxic smoke and airborne hazards, combined with daily exposure and lack of protection, have led to numerous VA disability lawsuits. VA disability compensation benefits under the PACT Act provide coverage for conditions developed as a result of toxic exposure to burn pits. Reach out to our legal team today to learn more about your rights and risks related to toxic burn pits.
What Are the Potential Risks of Burn Pit Exposure?
Military burn pits emit toxic fumes, particulates, and dangerous neurotoxins. Military personnel who were exposed to burn pits during their service abroad are at increased risk of lung disease, cancer, and other conditions. The Department of Veterans Affairs has recognized the dangers of toxic fumes and has compensated many veterans and active duty members for toxic exposure in burn pit lawsuits. Some symptoms include burning eyes, congestion, coughing, and respiratory issues.
Some illnesses and health risks associated with military burn pits include:
- Cancer of any type, including squamous cell carcinoma of the larynx, trachea, and lung
- Respiratory cancer
- Type glioblastoma head cancer
- Permanent disability
- Asthma
- Rhinitis
- Chronic obstructive pulmonary disease (COPD)
- Lung large cell carcinoma
- Sinusitis
If you or a loved one is suffering from any of the above or another health condition that could be related to military burn pit exposure, you may be eligible for compensation in a burn pit lawsuit. Not all service members qualify, so please speak with a military burn pit lawyer right away to see if you are eligible for compensation. Our law office handles Veterans Affairs cases on a regular basis, and we would be happy to speak with you about signing up for the Open Burn Pit Registry and filing a legal claim with the VA.
Who Qualifies for Compensation for Damages From Burn Pits?
The VA has acknowledged that disposing of waste in open-air burn pits is dangerous and has worked to close the many burn pits operating throughout the world. However, what can be done for service members and civilians who have already been affected by exposure to burn pit smoke? Depending on the person’s military status, they may pursue compensation for health problems caused by burning waste through a VA disability claim or through a claim using the Defense Base Act.
Qualifying for VA Disability Compensation Benefits
Three qualifying factors that qualify an individual to receive compensation through the VA for health issues related to burn pit exposure include:
- Being diagnosed with an illness or condition related to military burn pits
- Having served on active duty in one of several qualifying locations
- Serving in the military during a qualifying period of time
- Not having been dishonorably discharged
Obtaining Compensation as a Civilian Contractor
Military service men and women are not the only ones with health risks due to military burn pit exposure. Military civilian contractors may also collect compensation, although not through the VA. These individuals should speak with a personal injury attorney to file a claim through the Defense Base Act (DBA).
What Compensation Can I Recover If I was Injured Due to Burn Pit Exposure?
Military bases throughout the world should be held accountable for exposure and health concerns caused by disposing of toxic and human waste in military burn pits. Individuals who are suffering from toxic smoke exposure, whether they were on active duty or were functioning as civilian contractors, may collect compensation according to the injuries caused by toxic substances and volatile organic compounds at military sites.
The amount of compensation owed depends on the individual’s injuries and the amount of disability that person has suffered. For example, military veterans who are 100% disabled, meaning they cannot perform basic functions without aid, will receive the full amount of monthly compensation from the VA. Lesser degrees of disability will coincide with smaller monthly payments. Someone with a service-connected disability must prove that their condition resulted from burn pit exposure. Some illnesses automatically qualify, while others require more documentation. Working with a lawyer can help ensure the success of your application for disability benefits.
Civilians who are suffering from toxic exposures may also seek compensation based on their level of injury. Some costs that could be covered in a DBA claim include:
- Medical bills
- Property repair
- Decreased income-earning potential
- Pain and suffering
What Is the Process for Filing a Claim Due to Burn Pit Exposure?
Filing for compensation due to burn pit exposure depends on whether you are a United States military service member or a contracted employee. Often, a lawsuit is not necessary to collect compensation since filing a claim resolves the financial needs that may arise during a burn pit-related illness. However, collecting VA benefits or filing a claim through the DBA can be complicated, especially if your condition is not listed on the eligibility list for burn pit illnesses. In these cases, it is essential to hire a burn pit lawyer who understands the laws related to military issues and is dedicated to fighting for your best interests.
Some of the basic steps for filing a burn pit exposure claim are:
- Submitting the proper forms to alert the Department of Veterans Affairs of your disability
- Filing a burn pit claim through the Defense Base Act if you worked on a military base where you were injured from burn pit exposure
- Submitting documentation from a doctor to prove that your injury or condition is connected to the hazardous substances in burn pit smoke
In some cases, individuals may be exempt from submitting medical records, such as those working overseas in an environment that exposes them to hazardous situations. Speaking with a personal injury attorney is one of the best ways to ensure your application is submitted properly. Your lawyer will know which documents are required for your unique case and can help you get the compensation you need without unnecessary delays.
How Can a Lawyer Help Me Collect Compensation for My Injuries?
Eligible veterans and employees who have been injured because of dangerous waste management processes deserve to be compensated for their pain and suffering. However, the process for collecting compensation can be complex and confusing. A military burn pit lawyer is an excellent resource when recovering damages for an illness or condition caused by the military’s negligence and failure to protect you.
Some ways a lawyer can help you during this process include:
- Helping you navigate the complicated process of collecting VA benefits
- Submitting forms properly and on time
- Gathering evidence of your illness and its relation to military burn pit exposure
- Utilizing the PACT Act and DBA to get you the maximum compensation under the law
- Seeking compensation in a lawsuit if necessary
- Presenting your case, including details such as when and where you served, to ensure you collect the damages you deserve for your injuries
Should You Hire Our Burn Pit Exposure Compensation & Claim Attorney?
Military burn pits have operated worldwide since the 1990s, including in areas such as the Middle East, the Southwest Asia Theater, and other military operations. Many service members have suffered because of exposure to hazardous materials from burning chemicals, human waste, plastic, paint, and other toxic substances. Employees of private companies may also experience illnesses and health problems due to airborne hazard exposure in military burn pits. If you or a loved one is ill from cancer of any type or another disease due to military burn pit exposure, you deserve legal help to recover damages.
At our law firm, we believe that all victims of neglect or wrongdoing deserve to see justice and get help paying for expenses due to another person’s fault. As a veteran or civilian contractor, we will protect your rights as you seek compensation for the damage done by negligent military practices. We promise to stand by your side to guide you through the complex process of filing for VA disability or recovering damages through the Defense Base Act.
Our attorneys have vast amounts of experience handling military-related cases. We know what it takes to get favorable results, and we will not rest until we’ve achieved a positive outcome in your case. Call 714-497-2544 now to speak with our legal team and schedule a free strategy session.