Getting compensated for exposure to chemicals on the job
If someone is injured as a result of exposure to harmful chemicals at the job, they may be able to file a workers’ compensation claim or a personal injury lawsuit. The type of claim they are eligible to apply for depends on where the chemical came from, and who was in control of the job site at the time the exposure occurred. Read on to understand the legal options available to someone after they are exposed to chemicals on the job.
What you need to know about chemical exposure at the workplace
Employees at a job site can be exposed to dangerous chemicals. Although not all chemicals are toxic, some factories and plants use dangerous chemicals to manufacture and produce substances, such as a paint factory, a fertilizer factory, or a factory that makes cleaning chemicals.
Factories and manufacturing plants are required to provide proper ventilation on the job site. Workers are also required to wear protective gear all the time when working in a dangerous environment. The factory or employer has a duty to provide their workers with safety equipment and protective gear. Examples of safety equipment include goggles, helmet, full body suit, face mask, gloves, and sturdy shoes. Exhaust fans that provide ventilation are also considered part of the protective gear. If the personal protective gear provided to the employees is inadequate, the toxic chemicals can cause injury to the employees. Examples of these common toxic chemicals include mercury, paint, lead, asbestos, solvents, acids, pesticides and so on.
What is considered chemical exposure?
Exposure to chemicals at the workplace can take different forms. For example, an employee can breathe in toxic fumes, they can have direct skin contact with some harmful chemical like an acid, or they might even accidentally swallow the chemical. Some common injuries as a result of chemical exposure at the job site can include burns, rashes, itchiness and redness of the skin, neurological injuries, and brain damage, as well as throat and lung injuries. Throat and lung injuries are a result of inhaling the toxic fumes. Skin problems, including burns and rashes are a result of direct exposure to the chemical, whereas neurological issues and brain damage may arise from swallowing the chemical. The type of injury and the severity of the injury depend on the type of chemical to which the worker was exposed to.
Can you get Worker’s Compensation Coverage?
When a worker or employee gets injured at the job due to chemical exposure, they are entitled to workers’ compensation benefits. When filing a workers’ compensation claim, the worker is not blaming anyone, like their manager or their employer. They are not holding anyone at fault, as is the case in a personal injury lawsuit. The worker simply has to prove that they were exposed to a toxic chemical on the job which resulted in an injury. For a worker to have their workers’ compensation claim accepted, they need to take certain steps:
- Ensure that the exposure was reported to their supervisor as soon as possible
- Give details of exactly what happened and how
- Give names of anyone who may have witnessed the exposure
- Seek medical treatment immediately if needed
- Inform their healthcare provider about the chemical exposure
Get help to file a workers’ compensation claim
Worker’s compensation pays for medical care, rehabilitation, as well as some wage replacement. The benefits you can get by filing a workers’ compensation claim also depend on the state laws and procedures. It is advised to follow these state procedures and laws carefully. Getting help from an experienced lawyer is advised so you get the maximum benefits from your workers’ compensation claim.
Author Bio :
When serious injury or death occurs as a result of the negligent act of another, you may have a legal Personal injury claim. Call Bliven Law Firm, P.C. for free consultation.
