Chemical Burn at Work? How to File a Negligence Claim for Maximum Compensation

Workplace accidents happen, and some of the most painful and potentially debilitating injuries result from chemical burns. In 2020, at least 3,540 workplace burns were related to chemical burns or corrosions. If you’ve suffered a chemical burn at work, you might be wondering if you can file a negligence claim and receive compensation for your injuries. The answer is: it depends on the circumstances. This blog post will explore your rights, how to file a negligence claim, and what you need to do to maximize your potential compensation.

Understanding Chemical Burns

A chemical burn, also known as a caustic burn, occurs when your skin, eyes, or internal organs come into contact with a corrosive substance. These substances can include acids, alkalis, solvents, detergents, or disinfectants. Chemical burns can range from mild irritations to severe, life-threatening injuries.

Common Causes of Chemical Burns at Work:

Acids: Sulfuric, nitric, hydrofluoric, and hydrochloric acid.
Alkalis: Sodium hydroxide (lye), ammonia, and phosphates.
Solvents: Gasoline.
Cleaning Agents: Toilet bowl cleaners or drain cleaners.
Disinfectants: Pool chlorinators.
Other: Concrete mix, battery acid, pesticides.

Symptoms of a Chemical Burn:

Redness and burning at the site of contact.
Pain or numbness.
Blisters.
Blackened or discolored skin.
Vision problems (if the eyes are affected).
Coughing or shortness of breath (if the lungs are affected).
In severe cases, tissue necrosis (premature death of living tissue cells).

Chemical burns are classified by their depth and extent:

First-degree: Affecting only the outer layer of skin (epidermis).
Second-degree: Penetrating to deeper skin layers (dermis).
Third-degree: Complete tissue destruction, potentially reaching subcutaneous tissue.
Fourth-degree: Impacting all skin layers and potentially reaching bone and muscle, often damaging nerve endings.

Employer Responsibilities and Workplace Safety

Under the OSH Act, employers have a legal and ethical responsibility to provide a safe workplace. This includes protecting employees from chemical hazards. OSHA estimates that 32 million workers in more than 3.5 million workplaces are regularly exposed to hazardous chemicals. To ensure workplace safety, employers must:

Develop and implement a written hazard communication program: This program should include proper labeling of hazardous chemicals, providing Safety Data Sheets (SDS) for employees, and conducting regular training to inform workers about potential hazards.
Provide adequate personal protective equipment (PPE): Employers are responsible for providing appropriate PPE, such as gloves, eye protection, and respirators, to employees who work with hazardous chemicals.
Ensure proper ventilation: Employers must ensure that ventilation systems are adequate to minimize exposure to hazardous fumes, gases, or dust.
Provide training and education: Employers are required to provide comprehensive training to workers who may be exposed to hazardous chemicals. Training should cover how to use chemicals safely, recognize potential hazards, and respond to chemical exposure emergencies.
Regular workplace inspections: Employers should routinely inspect the workplace to identify and rectify potential hazards, including those related to chemical exposure.
Maintain a chemical inventory list: Employers must have a list of all hazardous chemicals on the job site, including names, locations, manufacturers, and contact information.
Comply with OSHA’s Hazard Communication Standard (HCS): This standard requires employers to inform workers about the hazards of chemicals in the workplace.

Filing a Negligence Claim: Can You Sue Your Employer?

If you’ve suffered a chemical burn at work, you may be entitled to compensation through a workers’ compensation claim or a personal injury lawsuit.

Workers’ Compensation:

In most states, workers’ compensation is a no-fault system that provides benefits to employees who are injured on the job, regardless of who was at fault. Workers’ compensation can cover medical expenses, lost wages, and disability benefits. To file a workers’ compensation claim:

Report the injury to your employer immediately: Provide details about how the exposure/burn happened and the names of any witnesses.
Seek medical treatment: Explain to your healthcare providers that you were exposed to a toxic chemical.
File a formal workers’ compensation claim: with your employer’s insurance carrier.
Gather supporting evidence: such as medical records and witness statements.

Personal Injury Lawsuit:

In some cases, you may be able to file a personal injury lawsuit against your employer or a third party if their negligence caused your chemical burn. To succeed in a negligence claim, you must prove the following elements:

Duty of Care: The responsible party had a legal obligation to act with reasonable care to prevent harm.
Breach of Duty: The defendant failed to meet their duty of care (e.g., failing to warn about a chemical’s danger or not enforcing safety measures).
Causation: The defendant’s breach of duty directly caused your injuries.
Damages: You suffered actual damages as a result of your injuries (e.g., medical expenses, lost wages, pain and suffering).

When Can You Sue Your Employer?

Generally, you cannot sue your employer directly for a work-related injury due to the workers’ compensation system. However, there are exceptions:

Intentional Harm: If your employer intentionally caused your injury, you may be able to sue them.
Third-Party Negligence: If your injury was caused by the negligence of a third party (e.g., a chemical manufacturer or a contractor), you may be able to sue them.
Failure to Follow Safety Protocols: If the employer failed to follow safety protocols, they are creating unsafe working conditions.

Damages You Can Recover:

In a successful negligence claim, you may be able to recover compensation for:

Medical Expenses: Including past and future medical bills, surgeries, and rehabilitation.
Lost Income: Including lost wages and potential future earnings.
Pain and Suffering: Compensation for physical pain, emotional trauma, and diminished quality of life.
Punitive Damages: In cases of egregious negligence, you may be awarded punitive damages to punish the defendant.

Maximizing Your Compensation

To maximize your potential compensation in a chemical burn claim, it’s essential to take the following steps:

Seek immediate medical attention: Document your injuries accurately and begin the necessary treatment.
Document the incident: Take photographs of the accident scene, the chemical involved, and your injuries.
Gather evidence: Collect safety data sheets (SDS), incident reports, and witness statements.
Report the injury: File a complaint with OSHA if you believe your injury was a result of unsafe working conditions.
Consult with a personal injury attorney: An attorney can review your case, explain your rights, and help you navigate the legal process.

Chemical Exposure Limits

OSHA establishes Permissible Exposure Limits (PELs), which are legal standards for workplace exposure to airborne chemicals. PELs are based on the average concentration of a chemical to which workers can be exposed over an 8-hour workday, 5 days per week, for a lifetime without experiencing damaging effects. OSHA also issues Short Term Exposure Limit (STELs) which are concentration limits of substances in the air that a worker may be exposed to for 15 minutes without suffering adverse effects.

Settlement Amounts for Burn Injuries

Burn injury settlements vary significantly based on the severity of the burn, the extent of medical treatment required, and the long-term impact on the victim’s life. Here’s a general overview of potential settlement ranges:

First-degree burns: Typically settle for under \$10,000.
Second-degree burns: Range from \$25,000 to \$75,000.
Third-degree burns: Can exceed \$100,000, often reaching millions of dollars.
Fourth-degree burns: Can also reach settlements of up to \$1 million.

Seeking Legal Assistance

Chemical burns at work can have devastating consequences. Understanding your rights and taking the necessary steps to file a negligence claim is crucial for obtaining the compensation you deserve. If you or a loved one has suffered a chemical burn at work, contact a personal injury attorney to discuss your legal options and pursue a path toward maximum compensation.