Being injured because of chemical exposure when you are on the job usually means you have 2 legal remedies that are possible:
- The workers’ compensation claim
- The personal injury lawsuit
Things vary based on what you were doing when injured, your employment status, and even the chemical you come into contact with. For instance, if the problem is benzene exposure, you will need the help of a benzene injury attorney in Alabama. For asbestos exposure, you need an asbestos personal injury attorney.
Chemical Exposure When On The Job
It is important to know that in close to all employment situations, you might be exposed to some dangerous chemicals. Many of the chemical exposure cases happen in locations that often use, manufacture, or mine dangerous chemicals, and in factories where they are used. However, even the office worker can end up exposed to some chemicals, like paint or cleaning chemicals.
It is unfortunately common to have problems with exposure if you often work with the dangerous chemicals and you have problems with safety equipment or protective gear. Based on what is used, the proper equipment that the worker needs might include helmets, gloves, eye wash stations, hazmat suits, and goggles. Remember that it is always the duty of the employer to make sure that the employees have access to the right protective gear.
We also have to highlight there are some very toxic substances and chemicals that can lead to very serious injuries. This includes pesticides, benzene, asbestos, beryllium, silica, mercury, lead, cadmium, and solvents. Injuries can appear due to breathing fumes, swallowing something, or skin contact.
The very common injuries appearing after toxic exposure are rashes, lung injuries, throat injuries, neurological injuries, and burns. You can be faced with neurological damage due to different exposure kinds, like swallowing, skin contact, and inhalation.
Coverage From Workers’ Compensation
Fortunately, when you are injured while doing your job, you most likely have access to workers’ compensation insurance. It does not matter if you are the person at fault or not. It is not even a necessity to prove that someone else did something wrong. You just have to show that your chemical exposure happened while you were on the job.
To increase the possibility of getting the claim accepted, you should:
- Report the chemical exposure as soon as you can.
- Get names of people who witnessed what happened.
- Explain the exposure.
- Discuss with the health care providers.
- Get the medical treatment you need.
Filing An Injury Claim
If you were injured because of the negligence of someone else, including your employer, you can file the personal injury claim. As opposed to the workers’ comp claim, fault is what counts the most with the personal injury claim.
Every single such case can entitle the injury claim. However, it is important to discuss the case with the personal injury attorney first. This is because in most situations, you just need to file the workers’ comp claim as it is enough for you to receive the financial compensation you deserve. But, if this is not the case and the insurance companies do not pay everything you are owned, you have to file the lawsuit.