Construction Negligence Leads to Radiation Exposure: Can You Sue? A Lawyer’s Perspective

Construction sites, while bustling with activity and progress, can also harbor hidden dangers. One such danger, often overlooked, is the risk of radiation exposure due to construction negligence. While it’s easy to think of radiation as a concern limited to nuclear plants or medical facilities, the reality is that construction workers can encounter radiation in various scenarios, leading to potential health consequences. According to the U.S. Occupational Safety and Health Administration (OSHA), radiation exposure can occur in a wide range of worksites. If you or a loved one has been exposed to radiation as a result of negligence on a construction site, you may be wondering: Can you sue? This blog post will explore the legal avenues available to those harmed by construction negligence leading to radiation exposure.

Understanding Radiation Exposure on Construction Sites

Radiation is the emission of energy from a source. We are exposed to radiation daily from natural sources like the sun, but also from man-made sources. There are two main types of radiation: non-ionizing and ionizing. Non-ionizing radiation includes things like microwaves, radio waves, and visible light. Ionizing radiation, on the other hand, has higher energy and can cause damage to living tissue by altering atoms and molecules.

Construction workers can be exposed to both types of radiation. Sources of radiation on construction sites can include:

Industrial Radiography: This non-destructive testing method uses X-rays or gamma rays to inspect materials for defects. If proper safety measures aren’t in place, prolonged or excessive exposure can occur.
Naturally Occurring Radioactive Materials (NORM): Some building materials like granite, sandstone, brick, concrete, and gypsum contain naturally occurring radioactive elements such as uranium, radium, and thorium. These materials emit low levels of radiation and can also decay into radon gas.
Technologically Enhanced Naturally Occurring Radioactive Material (TENORM): These materials occur when human activities, such as mining or construction, concentrate NORM, increasing the potential for exposure.
Nuclear Gauges: These devices are used to measure soil density and moisture content.
Radon: Radon is a radioactive gas that results from the decay of uranium in soil and rock. It can seep into buildings through cracks in the foundation and accumulate in poorly ventilated areas.
Construction/renovation of medical, academic, industrial, and nuclear facilities: Construction workers involved in building or renovating such facilities may encounter radiation sources if safety protocols aren’t followed.
Contaminated materials: Construction workers may encounter radioactive isotopes like uranium or thorium, especially when working in older buildings.

According to the Environmental Protection Agency (EPA), if you are at a construction site, you should always follow posted instructions, or instructions from employees at the site.

The Devastating Health Effects of Radiation Exposure

Exposure to high levels of radiation can cause a range of acute and chronic health problems. The severity of these effects depends on the dose of radiation, the type of radiation, and the duration of exposure. Some of the potential health consequences include:

Acute Radiation Syndrome (ARS): Also known as radiation sickness, ARS can occur after exposure to a high dose of ionizing radiation in a short period. Symptoms can include nausea, vomiting, diarrhea, skin burns, fatigue, and in severe cases, death.
Increased Cancer Risk: Radiation exposure can damage cells and increase the risk of developing various cancers, including leukemia, thyroid cancer, lung cancer, breast cancer, and bone cancer. These cancers may not appear until many years after the initial exposure.
Blood Disorders: Radiation can suppress bone marrow function, leading to anemia and other blood disorders.
Neurological Effects: In some cases, radiation exposure can cause memory loss, cognitive decline, or seizures.
Organ Damage: Radiation can damage various organs, including the lungs, kidneys, and heart.
Reproductive Harm: Radiation exposure can lead to infertility, miscarriages, and birth defects in children of exposed workers.
Immune System Suppression: Radiation exposure can weaken the immune system, making individuals more susceptible to infections and other illnesses.
Skin Damage: Radiation can cause skin burns, lesions, and other types of skin damage.

Construction Negligence: What Does It Look Like?

Construction negligence occurs when contractors, developers, or other parties fail to exercise reasonable care, resulting in harm to workers or others on the site. In the context of radiation exposure, negligence can take many forms, including:

Failure to conduct proper risk assessments: Before beginning any work that could involve radiation exposure, construction companies have a responsibility to conduct a thorough risk assessment to identify potential hazards and implement appropriate safety measures.
Inadequate shielding: When using industrial radiography or other radiation-emitting equipment, it is crucial to use adequate shielding to protect workers from exposure.
Lack of proper training: Construction workers who may be exposed to radiation must receive comprehensive training on the risks involved and how to protect themselves.
Failure to monitor radiation levels: Construction sites should regularly monitor radiation levels to ensure they remain within safe limits.
Improper handling and disposal of radioactive materials: Radioactive materials must be handled and disposed of properly to prevent contamination and exposure.
Unsafe facility design or maintenance: In facilities that house radiation-emitting equipment, the design and maintenance of the building must meet safety standards to prevent radiation leaks.
Failure to warn about known hazards: Employers have a duty to warn workers about any known radiation hazards on the construction site.
Inadequate protective gear: Construction companies must provide workers with appropriate personal protective equipment (PPE), such as respirators, gloves, and protective clothing, to minimize radiation exposure.

Can You Sue for Radiation Exposure Due to Construction Negligence?

If you have been diagnosed with a radiation-related illness or injury as a result of construction negligence, you may have grounds to file a lawsuit and pursue compensation for your damages. Potential defendants in a radiation exposure lawsuit can include:

Construction companies: If the construction company failed to take adequate safety measures to protect workers from radiation exposure, they can be held liable.
Developers: Developers who oversee the construction project may be liable if they were aware of the radiation risks and failed to take steps to mitigate them.
Contractors: Subcontractors who were responsible for specific tasks that led to radiation exposure can be held liable for their negligence.
Property owners: Property owners have a duty to maintain a safe building and/or premises. If there is radiation in a building due to commercial or other reasons, then the owner can be held liable for any harmful effects that were caused by exposure to the radiation.
Manufacturers of defective equipment: If the radiation exposure was caused by a defective product, the manufacturer may be liable.
Engineering and architecture firms: These firms may be liable if they failed to design and construct a building that meets safety standards for radiation shielding.

Legal Claims You Can Pursue

Depending on the circumstances of your case, you may be able to pursue the following legal claims:

Negligence: This is the most common type of claim in radiation exposure cases. To prove negligence, you must show that the defendant owed you a duty of care, that they breached that duty, and that their breach caused your injuries.
Workers’ Compensation: If you were exposed to radiation while working on a construction site, you may be eligible for workers’ compensation benefits. Workers’ compensation provides medical benefits and wage replacement to employees who are injured on the job, regardless of fault.
Product Liability: If the radiation exposure was caused by a defective product, you may be able to file a product liability claim against the manufacturer.
Premises Liability: If you were exposed to radiation on someone else’s property, you may be able to file a premises liability claim against the property owner.

Compensation Available in a Radiation Exposure Lawsuit

If you are successful in your radiation exposure lawsuit, you may be entitled to compensation for the following damages:

Medical expenses: This includes the cost of past and future medical treatment, such as doctor’s visits, hospital stays, medications, and cancer screenings.
Lost wages: You may be able to recover lost wages if you were unable to work due to your radiation-related illness or injury.
Pain and suffering: You may be compensated for the physical and emotional pain and suffering you have experienced as a result of your radiation exposure.
Punitive damages: In some cases, you may be awarded punitive damages if the defendant’s conduct was particularly egregious or reckless.
Emotional distress: If you or a loved one faced psychological impacts like anxiety or depression, there could be a claim for emotional distress as well.
Wrongful death: If a loved one died as a result of radiation exposure, you may be able to file a wrongful death claim and recover damages for funeral expenses, loss of companionship, and loss of financial support.

Statute of Limitations

It is important to be aware of the statute of limitations, which is the time limit for filing a lawsuit. The statute of limitations for personal injury and wrongful death claims varies by state. In many cases, the statute of limitations begins to run when the injured party discovers, or should have discovered, the injury and its cause. Given that some radiation-related illnesses may not manifest until years after the exposure, it is crucial to consult with an attorney as soon as possible to ensure that your claim is filed within the applicable time frame.

The Radiation Exposure Compensation Act (RECA)

In addition to pursuing a lawsuit, you may also be eligible for compensation under the Radiation Exposure Compensation Act (RECA). RECA is a federal law that provides compensation to individuals who developed certain illnesses as a result of exposure to radiation from U.S. nuclear weapons testing or uranium mining. The One Big Beautiful Bill Act (OBBBA), Pub. L. No. 119-21, enacted July 4, 2025, reauthorized the filing of claims under RECA. New claims may be filed until December 31, 2027.

How a Lawyer Can Help

Radiation exposure lawsuits are complex and require a thorough understanding of radiation science, occupational safety standards, and toxic tort law. An experienced personal injury attorney can help you:

Investigate the circumstances of your radiation exposure
Identify all potential sources of liability
Gather evidence to support your claim
Consult with medical experts to establish the link between your exposure and your illness
Negotiate with insurance companies
File a lawsuit and represent you in court

Conclusion

Construction negligence that leads to radiation exposure can have devastating consequences for workers and their families. If you believe you have been harmed by radiation exposure on a construction site, it is important to seek legal advice as soon as possible. An experienced attorney can help you understand your rights and pursue the compensation you deserve.