Can I File a Lawsuit if I Was Exposed to Chemicals at Work?

You may be able to file a lawsuit if you were exposed to chemicals at work, if an entity’s negligence caused your toxic chemical injury. This could include failing to provide protective equipment, ignoring safety protocols, or exposing workers to hazardous chemicals without proper safeguards.

Complexities of workers’ compensation, which protects employers from lawsuits, and the nuances of third-party liability, make pursuing claims for occupational toxicity challenging—but not impossible.

Our toxic tort attorneys can help you understand your legal options—call us today to tell us your story.

What Counts as Chemical Exposure?

Chemical exposure refers to an event in which someone comes into contact with a hazardous substance. The Hazard Communication Standard, enforced by the Occupational Safety and Health Administration (OSHA), defines a hazardous chemical as any substance capable of causing adverse physical or health events.

Claims for occupational toxicity focus on health-related hazards, which can be carcinogens, toxins, mutagens (substances capable of altering genetic material), and other agents. Exposure events are categorized as acute or chronic, which is determined by the contact duration, concentration, and effects:

• Acute exposure is often short-term contact involving a high concentration of a substance; the effects appear soon after exposure. Acute contact typically results in minor injuries, but it can also cause loss of consciousness, eye or organ damage, or serious harm.
• Chronic exposure is contact that occurs repeatedly over months or years; this often results in serious effects, including diseases or conditions, that typically manifest after a prolonged incubation period.

Workplace Exposure Sources

Chemical exposure in the workplace most commonly occurs from breathing in contaminated air or direct and extended contact with a substance on a person’s skin. Ingestion is another route, though less common. Some sources of acute and chronic workplace exposure are cleaning products, paints, fuels, and solvents.

Legal Options for Occupational Exposures

If you’ve been harmed at work by a hazardous substance, speak to an attorney about your experience to determine the best course of action. Most claims are likely to fall under one of three types:

1. Workers’ Compensation 
2. Personal Injury 
3. Toxic Tort

You may also be eligible to file a combination of legal actions, such as a workers’ compensation claim and a lawsuit, depending on the circumstances of your exposure injury and the entities responsible. Each legal action has eligibility requirements, deadlines, and strategies. That’s why asking an attorney from Bell Legal Group for assistance is crucial.

Toxic Tort Claims

A toxic tort claim is a type of personal injury lawsuit focused on recovering damages for diseases or health problems resulting from exposure to hazardous substances. Occupational exposure is one type of toxic tort that may be filed.

The latency periods for health concerns, such as cancer, neurological disorders, or respiratory conditions, can complicate causation, the link between the exposure incident and the illness. If you’re seeking damages for a toxic chemical exposure, a lawyer will be an essential advocate for gathering the evidence, research, and expert opinions to support your claim.

What Can You Recover From a Lawsuit?

Unlike a workers’ compensation claim that recovers assistance for immediate medical care and missed work or a Toxic Exposure Risk Activity (TERA) disability claim, exposure lawsuits factor in past, current, and future economic and non-economic damages. This means legal action potentially recovers:

• Medical costs
• Out-of-pocket expenses
• Loss of earning capacity
• Pain and suffering
• Emotional distress

After a Workplace Chemical Exposure: Next Steps

If you were exposed to chemicals at work, first remove yourself to safety and decontaminate yourself, then report the incident to a supervisor, and finally document any witnesses or coworkers present. Once your immediate well-being is secured, follow these steps:

• Seek medical attention: Do not wait to see whether your injuries are serious; a professional medical evaluation will help identify potential lasting effects on your health and connect the exposure incident to health conditions.
• Understand your rights: OSHA requires employers to provide safety and health training, equip workers with protective gear, and reveal the results of workplace hazard testing, among other responsibilities.
• Monitor and record your health: Document all possible consequences of the exposure incident and its impact on your physical, financial, and emotional wellness.
• Speak to a lawyer about your legal options: A toxic chemical exposure lawyer can evaluate the harm you experienced and the potential for a toxic tort or personal injury lawsuit.

Please don’t hesitate to reach out to Bell Legal Group if you know or suspect a toxic exposure at work has caused your or a loved one’s illness or condition. We have resources to investigate occupational toxicity to help identify negligence and liability. Contact us to share your story today.