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Exposure To Chemicals While On The Job

If you are injured due to exposure to harmful chemicals and toxic substances while on the job, you have two possible legal remedies to the situation; a workers’ compensation claim or a personal injury claim. It all depends on where the chemicals came from and who was in control at the job site where this exposure occurred.

Chemical Exposure Related Injuries

In just about any employment situation and job site, you could become exposed to dangerous chemicals and toxic substances. Though in most cases of toxic chemical exposure occur in factories or locations where dangerous chemicals are used, mined, or manufactured, even an office environment can be home to toxic substances. For example, cleaning products tend to have toxins that could be dangerous if used improperly.

Some jobs are harder to avoid chemicals than others. However, it is customary that this sort of work requires you to wear personal protective gear and other safety equipment. Depending on the type of chemicals being used, the proper safety equipment used may include goggles, gloves, helmet, full body suit, and exhaust fans or other means of ventilation. If this protective equipment is faulty or inadequate than you still could receive unnecessary and dangerous exposure to the chemicals and toxins used. It is also typically required that the company trains you to be able to use the substances properly and safely to avoid unnecessary exposure.

A Workers’ Compensation Claim

If you were exposed to chemicals on the job, you are entitled to file a workers’ compensation claim. Any injured employee is entitled to these benefits with only a few exceptions. Workers’ compensation doesn’t have to do with fault and you do not need to prove that someone else did something wrong. All you have to do is prove that you were exposed to these hazardous chemicals while on the job and that, as a result of exposure to chemicals and toxins, you were injured.

To ensure you get your workers’ compensation claim accepted, make sure to:

  • •report your exposure to a supervisor or manager as soon as possible
    •get the names of anyone who witnessed your exposure
    •get medical treatment immediately after
    •explain to your health care providers that you were exposed to a chemical or toxin

A Personal Injury Claim

An employee that is injured on the job cannot file a personal injury lawsuit against their employer since that is what workers’ compensation is for.

However, if the employee was harmed by the fault of someone other than their employer, the employee then does have the right to file a personal injury case against that particular person or company. Unlike a workers’ compensation case, a personal injury claim is very much based on fault. In order to recover damages against the other party, you must be able to prove that their actions or neglect are what caused the injury to occur.

For example, if the company that manufactured the chemical failed to disclose that those working with the chemical need a specific type of protective gear, it is the company’s neglect that is to blame. This means any injury you received from the chemical is due to their failure to warn you and that it is their responsibility to provide financial compensation for your resulting injuries.

If you have been exposed to chemicals or other toxic substances on the job, make sure to contact us for your workers’ compensation needs!

Injuries are expensive and you shouldn’t have to pay for someone else’s mistake. We have decades of experience in the field and will help you get the financial compensation you need to recover. Contact us today to find out more about your options and to set up a free consultation.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Exposure To Chemicals While On The Job

Goldman Babboni Fernandez
Murphy & Walsh

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