People who work with or around potentially hazardous chemicals and toxic substances could be at an increased risk of developing certain illnesses or injuries. Employers and certain third parties have a responsibility to protect employees from these dangerous substances.
If you suffer injuries from toxic fume exposure on the job, you have the right to pursue a workers’ compensation claim. You may also be eligible to file a personal injury claim, depending on your circumstances. Our Fort Lauderdale workers’ compensation lawyers can help you weigh your options.
What Are the Risk Factors for On-the-Job Injuries From Toxic Fume Exposure?
Anyone who works near or directly with toxic chemicals could be at risk of inhaling or otherwise being exposed to toxic fumes and, as a result, developing an occupational illness or injury. Substances that are known to be toxic to humans include but are not limited to:
- Paint and varnish fumes
- Carbon monoxide
- Ethanol
- Ammonia
- Diesel exhaust
- Cleaning chemicals, such as bleach
The Occupational Safety and Health Administration (OSHA) maintains a more complete list of hazardous substances often found in the workplace.
Some industries use dangerous chemicals more than others. Employees who work in positions like the following are frequently exposed to toxic fumes on a regular basis, if not every day:
- Janitorial staff
- Plant workers
- Construction workers
- Painters
- Welders
- Mechanics
- Oil rig workers
The risk to these workers decreases—but does not entirely go away—if employers provide safety equipment, such as eye protection, face masks, and gloves.
If you suspect that your injury or illness is the result of workplace exposure, our work injury law firm can collect evidence to prove the connection and pursue fair damages.
What Are the Symptoms of Toxic Exposure?
Symptoms may differ from case to case, depending on which toxic substance the person was exposed to and for how long. For example, Johns Hopkins Medicine says that symptoms of carbon monoxide poisoning include:
- Dizziness
- Hearing loss
- Headaches
- Difficulty breathing
- Confusion
- Loss of consciousness
The Centers for Disease Control and Prevention (CDC) states that symptoms of chlorine (e.g., bleach) inhalation include:
- Nausea
- Difficulty breathing
- A burning sensation in the lungs, nose, and/or throat
- Increased tear production
If not treated promptly, symptoms like these can become even more serious and result in brain damage, permanent disabilities, and even death.
Always seek prompt medical attention if you suspect you were injured by inhaling toxic fumes at work, even if symptoms seem mild: as the CDC says, low levels of exposure may not result in immediate symptoms, but that does not mean you are out of danger.
Should You Pursue a Workers’ Comp Claim or a Personal Injury Claim After Toxic Exposure?
The decision to pursue a workers’ comp claim or a personal injury claim depends on how your injury occurred. In almost all work accident cases, employees are entitled to workers’ compensation benefits, including:
- Medical attention
- Loss of wages
- Permanent disability
According to Florida’s Chief Financial Officer (CFO), most employers in the state are required to purchase workers’ compensation insurance. By carrying this insurance, they effectively make themselves immune from personal injury lawsuits. In other words, if your employer is covered by this insurance, you cannot sue them for injuries from toxic fume exposure on the job.
That said, some workers still qualify to file a personal injury claim. This may happen if:
- Your employer is not required to carry workers’ comp insurance and chose not to buy any
- Your employer is supposed to carry workers’ comp insurance but chose not to buy any
- A third party, such as a contractor or property owner, is to blame for your injuries
Examples of negligence that would entitle you to file a lawsuit include:
- Not providing proper training
- Concealing problems with tools, gear, or protective equipment
- Downplaying the risks of toxic fumes at work
- Allowing an unsafe working environment by not responding to employee complaints or failing to follow OSHA guidelines
How Can You Find Proof for Your Toxic Chemical Personal Injury Claim?
In workers’ compensation claims, you do not have to prove liability: workers are generally entitled to benefits regardless of how their chemical exposure occurred.
In a personal injury claim, however, you do need to establish that someone else was responsible for your safety and failed to protect you. Evidence that might support your claim includes:
- Previous OSHA violations
- Medical records or doctor’s opinions that state your condition was most likely caused by chemical exposure at work
- Testimony from you and other workers about the presence of chemical hazards on the job
- Scientific studies that have established a link between your condition and the chemicals you were exposed to
- Statements from economists and other experts who can speak to how your condition will affect your ability to work in the future
- Documentary evidence that establishes the financial cost of your injuries, including medical bills and tax filings
- Documentary evidence that shows the at-fault party knew about the presence of harmful chemicals at your workplace but did not do enough to protect you
- Photos or video footage of the hazardous chemicals or of the equipment or activities (e.g., welding) that caused the exposure
Our firm is unique in that we handle both workers’ comp claims and personal injury claims. No matter what your case brings, our legal team can support you from beginning to end.
Call Now to Consult Our Workplace Injury Team
With over 50 years of experience, our workers’ compensation attorneys know how to act quickly and decisively when a client seeks our help for injuries from toxic fume exposure on the job. You can rely on the dedicated legal advocates at Rosenberg & Rosenberg to collect evidence, file the right kind of claim(s), and advocate for your rights. Get your free initial case evaluation with us today.
