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Getting exposed to a toxic substance in the workplace can put an employee at risk of severe injury or even death. Employers are required to have controls in place to protect their workers. What happens when these fail or are not in effect?
Below is a look at what toxic chemical exposure injuries may look like, as well as the courses of action those affected may take.
What Should You Do after Toxic Chemical Exposure at Work?
The first step should always be to notify either a supervisor, reporting health officer, or the employer that hazardous chemical exposure has taken place. Typically, documenting the incident will be required, as there will need to be an explanation of how, where, and when it happened.
Getting a list of witnesses who were present is also helpful, as is surveillance footage that may have captured the occurrence.
Even if there are no obvious toxic chemical injuries at the onset, getting medical care is still advisable. Ensure to explain what happened to the physician. The details should include which chemical was at play and the length of the exposure.
Contacting a workers' compensation attorney, such as Larrimer & Larrimer, should be next on the agenda. Doing so will allow for assistance through the legal process to be provided.
Where Is Toxic Exposure Most Likely to Happen?
Some jobs have greater toxic exposure risks than others. Those with the greatest level of concern include:
Food
Mining
Construction
Aerospace
Plumbing
Medicine
Energy
Painting
Welding
What Are the Most Common Harmful Chemicals in the Workplace?
It's essential to know which chemicals are at play when toxic exposure injuries happen, as the likelihood of successful treatment will increase. Here are some of the most common concerning workplace chemicals:
Pesticides
Paint
Glues
Cleaning products
Asbestos
Acids
Toner
Solvents
Petroleum products
Common Injuries That Follow Exposure to Toxic Chemicals
Signs of a toxic exposure injury will not always immediately show up. Even so, there could be a chronic illness or fatality following the incident. Be that as it may, indications will often be present, which include:
Rashes
Burns
Neurological and nerve issues
Lung and throat illnesses
What Does OSHA Require When There Is a Risk of Exposure to Hazardous Chemicals?
The Occupational Safety and Health Administration (OSHA) is a governing body that controls regulations surrounding protective measures for employees against toxic materials. The specific rules that apply to a company will depend on its industry.
Nevertheless, once there are risky compounds at play, employers should ensure that the following are in place:
Communication about hazards to the respiratory system - Employers must ensure that any respiratory hazard is properly identified and evaluated. Following this, there must be complete transparency about the allowable airborne particle amount.
Training and education for employees - There should be comprehensive communication and education for employees. The information provided is expected to include which toxins and chemicals are used, as well as the protective measures that can and should be taken.
Workers Compensation for Exposure to Toxic Substances
As is the case with just about any type of accident in the workplace, any employee who has been exposed to toxic chemicals on the job is eligible for workers' compensation benefits.
Of course, some guidelines will need to be followed to ensure that a workers' comp claim is successful. Thankfully, a toxic exposure lawyer can provide all the information needed to ensure that the process is followed as expected.
What If a Third Party Was Involved?
There will sometimes be a third party who is responsible for the exposure. These are unique cases, but they still do not prevent the victim from being able to complete the workers' compensation claim process. In fact, third-party claims can be made alongside the standard ones, which means that there is a greater chance that the victim will be able to cover expenses associated with:
Medical bills
Physical therapy
Diagnostic testing
Lost wages
Mental anguish
Filing a Workers Compensation Claim after Being Exposed to Toxic Chemicals
The most important thing to remember is to act as fast as possible after any exposure to hazardous fumes. Doing so will maximize the chances of getting fair compensation for the matter.
File a claim the moment it becomes possible. This means that people who require emergency treatment should get it done once their condition becomes stable.
Considerations for Long-term Exposure to Toxic Fumes
When someone has been exposed for a long time, they should ensure that the following steps are taken:
Get a thorough examination from a licensed physician.
Ensure that the injury is reported in the shortest possible order. Any relevant proof should be included.
Once injuries are diagnosed, record them in a journal. As they evolve, anything noticed should also be recorded. Image and video evidence will be helpful.
Reach out to an experienced lawyer for assistance.
Is There a Time Limit That Applies to Claiming the Appropriate Workers' Compensation Benefits?
Victims in Ohio have a year from the date of the injury to file a claim. The Ohio Bureau of Workers' Compensation (BWC) also indicates that a claim can be filed up to six months after diagnosis by a licensed physician. In any case, the date of disability is an important metric.
What Is the Date of Disability?
This date can mean one of three possible things:
Whenever the condition was diagnosed as an occupational injury by a licensed professional.
The date that the victim had to cease working because of the ailment.
A date that corresponds to the first instance of medical treatment.
The Answer Is Not Always Clear
Toxic exposure claims are not always straightforward. Bear in mind that these illnesses could develop over several years. Even when the signs are present, it is very easy to make mistakes that can reduce the likelihood of receiving fair compensation. This is another reason why retaining the services of a qualified toxic injury attorney is highly recommended. They can also help explain types of chemical hazards and how to manage them.
Schedule a FREE Consultation with an Expert Workers' Compensation Attorney Today
Have you been injured because of toxic chemical exposure in the workplace?
You may be entitled to compensation for the matter. Larrimer & Larrimer is here to provide the guidance and support you need to ensure that any expenses arising from the incident and any suffering you experience are accounted for in your settlement. Schedule a free consultation with us today!