Depending on the laws that apply, you likely still have a claim. In railroad cases, for instance, the Federal Employers Liability Act allows for a recovery where the plaintiff can show that the railroad’s negligence played a part, even the slightest, in causing the injury. It is true that benzene can be found in cigarettes, but occupational medicine doctors have found that the mixture of occupational exposures to benzene – on the one hand – with cigarette smoking – on the other hand – makes a person far more likely to end up with cancer as opposed to just smoking alone.
In products liability actions, what frequently happens is that the jury will reduce the verdict amount where the plaintiff had an extensive smoking addiction.
Under Workers’ Compensation laws, different states across the Midwest have different standards of proof. If you want to learn whether you have a claim despite a previous smoking addiction, call Hughes Law Offices today and speak with a toxic tort attorney.