Workplace Chemical Burns: How to Claim Compensation for Your Injuries

Chemical burns in the workplace can be devastating, leading to significant pain, scarring, and long-term health issues. In 2020, at least 3,540 workplace burns were related to chemical exposure. If you’ve suffered a chemical burn at work due to your employer’s negligence, you may be entitled to compensation. This guide explains how to navigate the process of claiming compensation for your injuries.

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 strong acids, alkalis, solvents, detergents, or industrial cleaners. The severity of a chemical burn can range from mild irritation to severe tissue damage, potentially leading to permanent disability or even death.

Common Causes of Workplace Chemical Burns

Workplace chemical burns often result from:

Lack of proper training: Employees may not be adequately trained on how to handle hazardous chemicals safely.
Inadequate protective equipment (PPE): Employers may fail to provide appropriate PPE, such as gloves, masks, and eye protection.
Improper storage and handling: Chemicals may be stored incorrectly or handled without proper precautions, leading to spills and exposure.
Defective equipment: Leaking containers or malfunctioning equipment can cause unexpected chemical releases.
Failure to follow safety protocols: Not adhering to established safety procedures increases the risk of accidents.

Steps to Take After a Workplace Chemical Burn

If you experience a chemical burn at work, taking the following steps is crucial:

Immediate First Aid:
- Rinse with water: Immediately flush the affected area with cool, running water for at least 20 minutes. For certain chemical burns, washing with water may worsen the burn. If unsure, contact poison control immediately.
- Remove contaminated clothing: Carefully remove any clothing or jewelry that has come into contact with the chemical.
- Protect yourself: Ensure you are wearing PPE to avoid further exposure while assisting others.
- Seek Medical Attention: Even if the burn seems minor, seek medical attention immediately. Some chemicals can cause deep tissue damage that isn’t immediately apparent. Medical documentation is also critical if you plan to file a workers’ compensation or personal injury claim.
- Report the Incident: Report the incident to your supervisor as soon as possible. This creates an official record of the injury and initiates the process for workers’ compensation benefits.
- Document Everything:
- Photographs: Take photos of the accident scene, chemical containers, and your injuries.
- Witness statements: Collect statements from any colleagues who witnessed the incident.
- Medical records: Keep detailed records of all medical treatment, including doctor visits, prescriptions, and therapy.
- Incident report: Obtain a copy of the incident report filed with your employer.
- Identify the Chemical: If possible, identify the chemical involved. This information is crucial for medical treatment and for determining liability. Safety Data Sheets (SDS) provide detailed information about the hazards of a particular chemical.
- Consult with an Attorney: A personal injury attorney specializing in workplace accidents can assess your case, explain your legal rights, and help you navigate the claims process.

Establishing Negligence and Building a Strong Claim

To successfully claim compensation for a workplace chemical burn, you must prove that your employer was negligent. This involves demonstrating that your employer owed you a duty of care, breached that duty, and that the breach caused your injuries.

Key elements to prove negligence:

Duty of Care: Employers have a legal obligation to provide a safe working environment. This includes providing adequate training, PPE, and safety procedures.
Breach of Duty: This could involve failing to provide proper training, not enforcing safety protocols, or using defective equipment.
Causation: You must demonstrate a direct link between the employer’s negligence and your chemical burn injury.
Damages: You must prove that you suffered damages as a result of the injury, such as medical expenses, lost wages, and pain and suffering.

Evidence to support your claim:

Medical records: Documentation of your injury, treatment, and prognosis.
Witness statements: Testimonies from individuals who saw the accident.
Expert opinions: Professionals who can explain safety standard violations and how the injury occurred.
Workplace safety records: Documentation of safety training, risk assessments, and previous incidents.
OSHA violations: Evidence that your employer violated OSHA safety regulations.

Types of Compensation You Can Claim

If your claim is successful, you may be entitled to various types of compensation, including:

Medical Expenses: Coverage for all medical treatment related to the burn, including emergency care, hospitalization, surgery, skin grafts, therapy, and prescription medications.
Lost Wages: Reimbursement for lost income due to time off work for treatment and recovery. This may also include compensation for future lost earnings if the injury results in long-term disability.
Pain and Suffering: Compensation for the physical pain, emotional distress, and psychological trauma caused by the burn.
Disfigurement and Scarring: Compensation for permanent scarring, disfigurement, and any resulting emotional distress or loss of self-esteem.
Other Expenses: Coverage for other out-of-pocket expenses related to the injury, such as travel costs for medical appointments, assistive devices, and home modifications.

Workers’ Compensation vs. Personal Injury Lawsuit

Depending on the circumstances of your case, you may have two options for seeking compensation:

Workers’ Compensation: This is a no-fault system that provides benefits to employees injured on the job, regardless of who was at fault. Workers’ compensation typically covers medical expenses and lost wages but does not provide compensation for pain and suffering.
Personal Injury Lawsuit: If your injury was caused by a third party’s negligence (e.g., a chemical manufacturer or a contractor), you may be able to file a personal injury lawsuit to seek additional compensation for pain and suffering, and other damages not covered by workers’ compensation.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a claim. The time limit for personal injury claims varies by state, typically ranging from one to three years from the date of the injury. Missing the deadline could prevent you from receiving compensation.

OSHA Regulations and Employer Responsibilities

The Occupational Safety and Health Administration (OSHA) sets and enforces standards for workplace safety, including those related to chemical handling. OSHA’s Hazard Communication Standard (HCS) requires employers to:

Identify and evaluate chemical hazards: Employers must maintain an up-to-date list of all hazardous chemicals used in the workplace.
Provide safety data sheets (SDS): SDSs must be readily accessible to workers and contain detailed information about each chemical’s hazards and handling procedures.
Train employees: Workers must receive training on the hazards of chemicals in the workplace and the measures necessary to prevent exposure.
Use proper labeling: Each chemical should be labeled with its name, hazard warnings, and the manufacturer’s contact information.
Ensure proper chemical storage: Chemicals must be stored in a manner that minimizes the risk of exposure and accidents.

Long-Term Effects of Chemical Burns

Severe chemical burns can have long-term effects, including:

Scarring and disfigurement: Permanent scars can affect physical appearance and emotional well-being.
Functional impairments: Restricted mobility, joint stiffness, or loss of sensation can affect the ability to perform daily activities.
Chronic pain: Nerve damage and tissue scarring can lead to persistent pain.
Psychological trauma: Survivors may experience PTSD, anxiety, and depression.
Increased risk of complications: Chemical burn survivors may be more susceptible to infections and delayed wound healing.

Seeking Legal Recourse

If you’ve suffered a workplace chemical burn, seeking legal recourse can help you hold responsible parties accountable and secure the support you need to heal. A personal injury attorney can:

Investigate the accident: Gather evidence to determine the cause of the burn and identify liable parties.
Negotiate with insurance companies: Handle communications with insurance companies and negotiate a fair settlement.
File a lawsuit: If a settlement cannot be reached, file a lawsuit to pursue compensation in court.
Represent you in court: Advocate on your behalf and present your case to a judge or jury.

Conclusion

Suffering a chemical burn at work can have devastating consequences. By understanding your rights and taking the necessary steps to claim compensation, you can secure the financial resources you need to cover medical expenses, lost wages, and other damages. Consulting with an experienced personal injury attorney is crucial to navigate the legal process and maximize your chances of a successful claim.