Workplace Chemical Exposure: Understanding Your Rights and Legal Options

Each day, American workers use tens of thousands of chemicals, some of which pose significant health risks if not handled properly. According to the Occupational Safety and Health Administration (OSHA), exposure to hazardous chemicals can lead to a range of health issues, from mild irritation to severe conditions like cancer. Understanding your rights and legal options in cases of workplace chemical exposure is crucial for protecting your health and future.

What Constitutes Workplace Chemical Exposure?

Workplace chemical exposure occurs when you come into contact with dangerous substances such as industrial chemicals, pesticides, or hazardous waste. These chemicals can enter your body through inhalation, skin absorption, or ingestion. Exposure can result in both immediate (acute) and long-term (chronic) health complications.

Common Chemical Hazards in the Workplace

While the specific chemicals vary depending on the industry, some common hazards include:

Disinfectants: Release harmful fumes, leading to lung irritation and allergic reactions. Examples include chlorine, bleach, and isopropyl alcohol.
Detergents: Corrosive and can cause dermatitis. Examples include ethanol, sodium hydroxide, caustic soda, and benzene.
Fuels: Flammable and pose a fire risk. Inhaling fumes can cause dizziness, headaches, and respiratory issues. Examples include gasoline, kerosene, and diesel.
Hydrochloric Acid: Used in steel processing and cleaning products. Contact can damage skin, eyes, and mucous membranes.
Lead: Found in car batteries, roofing materials, and electronics. Exposure occurs by breathing in lead pigments or dust, common in construction.
Pesticides: Common use leads to millions of illnesses yearly. Health effects include skin irritation, kidney and liver damage, and nervous system damage.
Welding Fumes: Inhaling fumes can lead to lung damage and cancer if proper respirators are not used. Examples include nitric oxide, carbon monoxide, and hydrogen fluoride.

Industries with Higher Risk

Certain industries have a higher risk of chemical exposure:

Manufacturing and chemical plants
Construction sites
Automotive repair shops
Agriculture and farming
Medical and laboratory environments
Mining operations
Aerospace industry

Your Rights as a Worker

Federal and state laws mandate that employers provide a safe working environment. This includes:

A Safe Workplace: Employers are legally obligated under OSHA regulations to provide a workplace free from recognized chemical hazards.
Proper Training: Employers must provide training on the dangers of chemicals and how to handle them safely.
Safety Equipment: Employers must provide and maintain appropriate safety equipment, such as gloves, respirators, and eye protection, and with few exceptions, employers are required to pay for PPE when it is used to comply with OSHA standards.
Warnings and Labels: Clear warnings, labels, signs, and information about the risks associated with toxic chemicals must be provided.
Medical Monitoring: Workers exposed to particularly hazardous chemicals may be legally entitled to regular medical screenings and health monitoring.
Right to Know: You have the right to know about workplace hazards and how to stay safe. Your employer must ensure you understand the hazards present in your environment.

OSHA’s Permissible Exposure Limits (PELs) are regulatory limits on the amount or concentration of a substance in the air, intended to protect workers against adverse health effects. However, OSHA’s assistant secretary of labor, Dr. David Michaels, has stated that these standards are “dangerously out of date and do not protect workers”.

Steps to Take After Exposure

If you suspect you’ve been exposed to harmful chemicals at work, immediate action is crucial:

Seek Medical Attention: See a doctor immediately, especially if you experience symptoms like dizziness, nausea, or breathing difficulties. Inform the medical provider that your exposure happened at work.
Report the Exposure: Notify your supervisor and file an official workplace incident report, requesting a copy for your records.
Document the Incident: Record the date, time, location, and chemicals involved. Note any symptoms and visible injuries, taking photos if possible.
Identify Witnesses: Collect contact information from any coworkers who witnessed the exposure.

Legal Options and Compensation

If you’ve been exposed to toxic chemicals at work and have suffered health complications, you may be entitled to compensation through several legal avenues:

Workers’ Compensation Claim: This can cover medical expenses and lost wages, regardless of fault.
Personal Injury Lawsuit: If your employer’s negligence or misconduct caused the exposure, you can pursue a personal injury lawsuit for additional damages like pain and suffering.
Third-Party Lawsuit: If a third party, such as a chemical manufacturer or contractor, is responsible for the exposure, you may pursue a personal injury lawsuit against them.
Toxic Tort Claim: In cases where exposure results from negligence, recklessness, or intentional misconduct, toxic tort claims may be filed against responsible parties.

Why You Need an Experienced Attorney

Toxic exposure cases can be complex, requiring scientific evidence and expert testimony to prove the link between your health conditions and the chemicals you were exposed to. An experienced attorney can:

Gather critical evidence, including safety violations and medical records.
Work with medical experts to support your case.
Negotiate with insurance companies and employers on your behalf.
Represent you in court to secure fair compensation.

Types of Compensation You Can Pursue

Medical Expenses: Compensation for past and future medical treatment, including hospital stays, doctor visits, medications, and therapy.
Lost Wages: Recovery of lost income due to being unable to work because of your condition, as well as compensation for diminished future earning capacity.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the exposure.
Disability Benefits: Coverage for temporary or permanent disabilities resulting from the exposure.
Loss of Enjoyment of Life: Compensation for the reduction in your ability to enjoy hobbies, activities, and other aspects of life due to your condition.
Wrongful Death: In the event of a fatality, compensation for burial expenses, funeral costs, loss of companionship, and loss of the deceased’s income.

Statute of Limitations

It’s essential to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. This deadline varies by state and type of claim, so consulting with an attorney as soon as possible is crucial to protect your rights.

Conclusion

Workplace chemical exposure is a serious issue that can have devastating consequences for workers and their families. By understanding your rights and legal options, you can take steps to protect yourself and seek the compensation you deserve. If you or a loved one has suffered due to workplace chemical exposure, contact an experienced attorney to evaluate your case and help you pursue justice.