Most people are exposed to chemicals to some degree in the workplace. Even if it’s office cleaning products, gasoline, or finish on the floor, chemicals are everywhere, including at our jobs.
The Occupational Safety and Health Administration (OSHA) says that 32 million American workers are exposed to hazardous chemicals.
There are hundreds of thousands of chemicals that can potentially hurt workers. Exposure to hazardous chemicals can occur in any industry but may be especially common in manufacturing, construction, farming, fishing and forestry, transportation, restaurants, janitorial services, dry cleaning, and laundry services.
What Are Hazardous Chemicals and How Do They Affect Workers?
A chemical may be hazardous because it is any of the following:
- Toxic – may cause poisoning or other acute health injuries
- Carcinogen – increasing the likelihood of cancer
- Irritating – may affect the skin, eyes, or respiratory system
- Teratogens – harmful to reproductive health
- Corrosive – changes the material it touches; may damage the skin
- Combustible/flammable/explosive – easily starts or catches fire
- Mutagens – harming DNA;, may impact organ function or cause cancer
- Reactive – may explode or otherwise react when combined with air, water, or other chemicals
- Sensitizing – causing an allergic reaction from repeated exposure, such as asthma or contact dermatitis
- Asphyxiant – depriving the body of oxygen
How many workers’ compensation claims are because of exposure to harmful substances?
A study by the US Department of Health and Human Services found that 2.8% of workers’ compensation claims were for exposure to harmful substances or environments.
Types of Illnesses Caused by Hazardous Chemical Exposure
Examples of illness caused by hazardous chemical exposure include the following:
- Poisoning, including from arsenic, brass, zinc, lead, mercury, or other chemicals
- Chrome ulceration, usually from chrome ore processing
- Benzol poisoning, from touching or inhaling benzene
- Exposure to illegal drugs (law enforcement or other first responders, for example)
- Burns, including corrosive burns
- Cancer, leukemia, mesothelioma
- Contact dermatitis, damage to the skin
- Silicosis, from inhaling silica dust
- Carbon monoxide poisoning
- Hydrofluoric acid poisoning
- Asthma and other conditions resulting from irritants
- Heart failure, other organ failure
- Reproductive abnormalities
- Brain damage, death
- Nervous system damage
The harm from chemical substances is varied, depending on the type of substance, the extent of exposure, and personal characteristics.
Even if the claimant is the only person of many exposed suffering a malady, there may be a claim for workers’ compensation based on chemical exposure. Having many victims with similar ailments is not required, but the worker must prove that the chemical substance caused the health condition, forming the basis for benefits.
Filing a Workers’ Compensation Claim for Chemical Exposure
You can file for workers’ compensation for chemical exposure. A claim may be based on an acute injury or a single event that causes immediate injury. It may also be based on occupational exposure, a disease that develops over time.
Challenges in Proving Chemical Exposure Claims
North Carolina law states that a workers’ compensation claim may be based on occupational exposure. Exposure to chemicals must be in a form and quantity and with frequency of exposure to cause the disease. The employee must identify what chemicals were involved and what harm resulted.
Not all chemical exposure claims are based on occupational disease. An injury can arise out of acute exposure.
See N.C.G.S. § 97-53, Occupational diseases enumerated; when due to exposure to chemicals; N.C.G.S. § 97-2(6), Definitions.
Significant information may be needed to develop to prove a claim. For example, a chemical may have been harmful because of its temperature or because it evaporated into a gas and was inhaled. The claimant must prove what happened factually and provide scientific information explaining how the events caused physical harm.
Gathering facts can be a challenge. Often, exposure occurs over a significant period of time before the physical health problem occurs.
However, both evidence of exposure and medical evidence can be critical to a claim.
How To Gather Evidence for a Hazardous Chemical Workers’ Comp Case
Gathering evidence for a hazardous chemical workers’ comp case should begin as soon as you are aware of a physical health problem.
Always seek medical attention immediately. When an injury is acute, report the injury and seek medical attention. If there is anything you can do to document the injury, such as identifying the chemical involved or taking photos of the scene, do those things.
When a physical health problem is delayed, do not delay medical treatment further. There is a time limit to make a claim for occupational disease. This limit runs from when you knew or should have known about the condition.
Horton & Mendez Injury Attorneys can assist you in gathering the evidence to prove chemical exposure and how it caused harm. Don’t wait to contact an attorney to start your case.
Compensation Options for Workers Exposed to Hazardous Chemicals
Workers’ compensation benefits include the right to medical care. However, there are different compensation options. You may request to have medical care provided at no cost to you.
However, the employer has the right to choose your doctor in North Carolina, and you may have to fight to receive certain treatment.
Alternatively, you may reach an agreement for a lump sum settlement, which may or may not include the right to future medical care.
Horton & Mendez Injury Attorneys pursue the option that is best for your circumstances.
Preventive Measures To Reduce Chemical Exposure in the Workplace
Employers can reduce chemical exposure in the workplace. They should:
- Have a process to approve chemical use
- Prohibit workers from using unapproved chemicals
- Understand the potential health hazards of the chemicals in the workplace
- Have safety data sheets available
- Ensure proper handling of chemicals, including personal protective equipment
- Store chemicals properly and with proper labeling
- Educate workers in correct handling of chemicals
- Have an exposure plan
- Reevaluate practices periodically and when incidents occur
Contact an Experienced Gastonia Workers’ Compensation Lawyer
Have you been exposed to chemical substances on the job? We invite you to contact an experienced Gastonia workers’ compensation lawyer from Horton & Mendez Injury Attorneys.
We handle workers’ compensation claims for exposure to hazardous chemicals. We can assist with all aspects of your case. Call or message us now.
