Many workers across the Commonwealth are exposed to dangerous chemicals that can cause immediate injury as well as ongoing illnesses like cancer. Depending on your job, your risk could be much higher.
Chemical exposure perhaps affects firefighters the most. After that, workers in actual chemical production, refineries, and even construction also face an elevated risk of exposure.
For help with a Workers’ Comp claim for work-related injury or illness, call Cardamone Law’s Certified Pennsylvania Workers’ Comp attorneys at (267) 651-7945.
Jobs With the Highest Chemical Exposure Risk
Without weighing them against each other and turning this into a competition over who has the hardest or most dangerous job, the following careers often face the highest risk of chemical exposure:
Firefighters
We usually think of firefighters being exposed to smoke, but we often fail to consider what is in that smoke. Burning certain materials can put very dangerous chemicals into the smoke and the air around the chemicals.
Firefighters use safety gear like respirators and air tanks to make sure they are breathing safe air, but chemical exposure can still happen. Many firefighters ultimately end up facing a higher risk of cancer and other illnesses from their exposure at work.
Chemical Production
People who work directly with chemicals unsurprisingly face a higher risk of exposure. Depending on the type of factory and specific role you worked in, your risks might be different.
Some chemical production sites include risks of fire or explosion, as well as the risk of chemical exposure. Some workers may be exposed to the gases that come off of chemicals, while others may be more at risk from spills or splashing.
Refinery Workers
Workers in refineries often work with dangerous chemicals. Oil itself can also be a dangerous chemical and cause injury or irritation when exposed.
These jobs also include an increased cancer risk from some of the chemicals used in the job.
Construction
Construction workers work with some chemicals that are dangerous to breathe, such as butane, methane, and propane. Other construction materials are known to be cancer-causing (carcinogenic), like asbestosis.
Other injuries actually come from exposure to particulate matter, especially if you breathe it in. This is why it is important to wear a well-fitted respirator when dealing with asbestos, sand, sawdust, stone dust, and other particulate matter.
How to File a Claim for Injuries from Chemical Exposure
Lawsuits
Filing a lawsuit for work-related injuries is possible, but you cannot typically sue your employer. Instead, you may be able to sue other companies and people, such as
- Manufacturers of defective safety gear and protective equipment
- Manufacturers of defective tubing, valves, and fittings
- Third-party chemical supply companies
- Shipping and transportation companies.
In these cases, you file a lawsuit against the at-fault party, negotiate with their attorneys/insurance for a fair settlement, and if one cannot be attained, you go to court and potentially to trial. Defendants can only be held liable after you prove they were at fault for your injuries.
Workers’ Comp
In a Workers’ Comp claim, fault is not required. Your employer must cover any accidental injuries that result in a work-related injury. Benefits can cover medical bills and a portion of lost wages, but you cannot get pain and suffering damages this way.
Your case begins with notice to your employer of the injury or illness, and they file a claim with their insurance carrier. If denied, you can file a Claim Petition before a Workers’ Comp Judge.
FAQs for Chemical Exposure at Work
How Dangerous is Chemical Exposure?
The dangers of chemical exposure depend entirely on what chemicals you were exposed to, what form they were in, and what safety gear you had.
For example, exposure to liquid chlorine (or the chlorine content within bleach or pool chemicals) can cause skin irritation, usually prevented with gloves. However, exposure to chlorine gas can be incredibly dangerous without proper ventilation and a respirator, and even then, it could still cause acute injury.
Can You Get Coverage for Occupational Illness from Chemical Exposure?
Workers’ Comp can cover injuries and illnesses alike. This means getting coverage for injuries from a chemical exposure accident, as well as for occupational illness over time. However, there are usually special rules for occupational illness, such as timing requirements for how long you worked in the industry and how soon after your work the illness arose.
Is There a Difference Between Injury and Illness for Workers’ Comp?
Workers’ Comp claims are usually based on acute injuries that happen in an accident, but you can also get compensation for injuries that happen over time or because of chemical exposure.
Chemical and hazardous materials exposure often has special rules, such as specifically listed conditions that are covered (like cancer). There are also special rules requiring that your condition became disabling within 300 weeks of your last work in an industry, or else Workers’ Comp cannot issue benefits.
Can Families File Claims for Deadly Chemical Exposure?
Families of a deceased worker can often file claims against the worker’s employer for chemical exposure injuries.
This can include claims for a deadly one-time accident, which require notice to the employer within 21 days of the injury (120 at the latest).
It can also include deaths from cancer and other certain conditions if the illness killed your loved one within 300 weeks of their last work in the industry that caused their exposure.
Which Employer Do You File Against?
When you file a Workers’ Comp claim for occupational illness, it might be hard to identify when the exposure that caused your condition occurred if you worked for multiple employers in the same industry.
Instead of trying to parse out how long you were exposed at each job, the Workers’ Comp Act has specific rules detailing which employer to file against. Your attorney can help you identify the correct employer to file against.
Call Our Pennsylvania Workers’ Comp Lawyers Today
Call Cardamone Law’s Allentown, PA Workers’ Compensation attorneys for help filing a claim for your chemical exposure injuries by calling us at (267) 651-7945.
