According to the National Institute of Environmental Health Sciences, thousands of workers suffer from chemical exposure each year. As scientists synthesize and develop new toxic chemicals, modern workers face heightening risks with each passing year.
Workers’ compensation for toxic exposure can cover your missed wages, medical expenses, and other damages. If your loved one passed away from a health issue caused by toxic exposure, you could be eligible for death benefits.
A workers’ compensation lawyer can help you prove toxic exposure at your workplace as you fight for justice and financial security. Reach out to James Koh today to discuss workers’ compensation benefits for toxic exposure in more detail.
Common Toxic Substances Found in the Workplace
Unfortunately, there are almost too many toxic workplace substances to list and work-related injuries from exposure are pretty common. California’s Department of Industrial Relations identifies hundreds of hazardous substances, ranging from A-alpha-C to Zirconium tetrachloride. The United States Environmental Protection Agency (EPA) provides a shorter list of the most common toxins in American workplaces:
Lead
In the past, lead was a very common industrial material for paint, pipes, fuel, batteries, ammunition, and cosmetics. Although it is far less common today, many employees still suffer from lead exposure in California – especially those who renovate or repair older buildings.
Silica
Crystalline silica particles represent major respiratory health risks. Workers can easily inhale these small particles, especially when jackhammering or grinding concrete and other silica-containing materials. Anyone in the vicinity can inhale silica dust once it becomes airborne.
Asbestos
Asbestos is perhaps the most infamous hazardous material in American history. Although it was once a very common industrial material, it quickly fell out of favor once various health risks became clear. Workers exposed to asbestos may suffer serious and permanent lung damage and even lung cancer. Like lead, asbestos is especially common in older structures.
Formaldehyde
Although formaldehyde is a gas, you may also find this toxin in various household and building products. Strong evidence links prolonged formaldehyde exposure to cancer, and even brief exposure can cause skin, throat, eye, and skin irritation.
Mercury
Also known as quicksilver, mercury is a unique metal that retains a liquid form at room temperature. Although it is useful for various applications (including thermometers), mercury is a neurotoxin that can have devastating effects on the human brain.
Pesticides
Farm workers in California are especially vulnerable to toxic pesticides. Due to the wide range of commercial pesticides on the market today, health effects can vary dramatically. However, there have been reports of cancers, rashes, nosebleeds, infertility, neurological disorders, and many other issues among farm workers in California.
PFAS
Per- and polyfluoroalkyl substances are perhaps best known for their use in Teflon, fire-extinguishing foam, and carpets. Chemical exposure injuries from PFAS include fertility issues, birth defects, cancers, hormonal disorders, and many other issues.
Types Of Toxic Exposure Injuries
Because each type of harmful chemical and toxin has different impacts on the body, injuries associated with toxic exposure are incredibly varied. Here are just a few examples:
- Chemical Bronchitis
- Chemical or Acid Burns
- Blindness
- Cancers
- Mesothelioma
- Lead Poisoning
- Genetic Damage
- Cancers
- Reproductive Injuries
- Lung disease
Workers’ Compensation Coverage
Workers’ compensation helps cover various losses associated with toxic exposure:
Medical Benefits
With a successful workers’ compensation claim, you should get access to effective medical treatment for injuries caused by toxic exposure. Your benefits should cover medical procedures associated with your toxic exposure – including testing, monitoring, hospital visits, surgeries, rehabilitation, and medications. Workers’ compensation may even reimburse you for transport costs associated with treatments.
Disability Benefits
If you miss work as a result of toxic exposure, workers’ compensation should cover 66% of your lost wages up to a certain maximum. These benefits begin on the fourth day of missed wages, and you’ll receive payments each week until you regain the ability to work. If you never regain the ability to work due to permanent disabilities, compensation for missed wages may continue indefinitely.
Death Benefits
If your loved one passes away due to fatal consequences of workplace toxin exposure, you may be eligible for death benefits. These benefits cover funeral expenses and future lost wages, and a successful claim may provide surviving dependents with hundreds of thousands of dollars.
Filing a Workers’ Compensation Claim for Toxic Exposure
A workers’ comp claim for toxic exposure usually follows the same process. Below are the steps that you will usually need to take to file a claim. However, sometimes these steps can include complications. Consult with a workers’ comp attorney if you need questions answered about this process.
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- Get medical treatment and diagnosis
Your injury must be “diagnosable” to qualify for compensation. Immediately after you become aware of possible toxic exposure, visit a licensed doctor for medical attention. If you never see a doctor, you will lack the medical records to prove your injuries. Without these records, it may be difficult to pursue compensation.
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- File an injury report and Form DCW-1
Once you are able, work alongside a qualified workers’ compensation attorney and file an official injury report with your employer. You will also need to fill out Form DCW-1.
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- Be prepared to appeal if needed
Prepare to file an appeal if your claim is initially denied by insurers. A denial is common – but it is not the end of the road.
When to File a Workers’ Compensation Claim
It is best to file a workers’ compensation claim as soon as you become aware of your chemical exposure. Unfortunately, many workers are unwittingly exposed to these chemicals – as their employers may intentionally conceal the existence of these substances in the workplace. As a result, you may only find out about your injuries many years after initial exposure. As soon as you receive an official diagnosis of a toxin-related health issue, you should explore workers’ compensation for toxic exposure.
Contact a Workers’ Compensation for Toxic Exposure Lawyer
If you have suffered health consequences after exposure to dangerous substances at work, you shouldn’t have to pay for your losses. Speak with a qualified lawyer to discuss workers’ compensation for toxic exposure today – and fight for your rights as an American worker. James Koh will guide you toward financial security and justice – so book your consultation now to get started.
Frequently Asked Questions
1. How will an attorney help me get compensated?
For injured workers from toxic exposure, one of the key challenges is proving that your injuries are work-related. An attorney can help you gather compelling evidence to support your claim.
2. How long do I have to file a lawsuit?
Normally, you have one year to file your workers’ compensation claim after an accident. However, toxic exposure claims are slightly different. This one-year time limit may only begin after you become aware of your medical issues. This may allow you to file a claim many years or even decades after initial exposure.
3. Why might I need an attorney for toxic exposure?
An attorney can investigate your situation in more detail – perhaps uncovering evidence of chemicals in company documents. They might also work with doctors to establish the specific chemical that caused your injuries. Finally, a workers’ comp attorney can negotiate on your behalf for a fair settlement. If your claim is denied, they can push back with an appeal.
4. How can I tell if my disease is due to toxic exposure from my workplace?
If you believe that you may have been exposed to toxins at work, consider filing a claim immediately – and schedule periodic medical monitoring. Regular testing with licensed doctors can detect illnesses related to chemical exposure as soon as possible. You can also request access to your employer’s internal documents to uncover the use of specific chemicals.
5. Where is toxic chemical exposure most likely to occur?
Chemical exposure is especially common in certain workplaces. These include construction sites, hospitals, laboratories, gas stations, and factories.
6. What rights do employees have after toxic chemical exposure in the workplace?
Employees have numerous rights after chemical exposure. First, they have the right to file a workers’ compensation claim. Whistleblower protections also allow them to make safety violation allegations without fear of being fired.
Contact Us
If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
