Exposure to Toxic Chemicals and Your Worker’s Compensation Rights
Exposure to hazardous chemicals in the workplace can result in devastating injuries and illnesses for employees. If dangerous chemical exposure during the course of your work duties has left you injured or ill in Delaware, you have the right to obtain workers compensation benefits. Contact our experienced team at Silverman, McDonald & Friedman today. We serve clients in Wilmington, Newark, Seaford, and throughout the state.
Workers throughout the state of Delaware and across the nation are protected by the strict regulations imposed for worker safety by the Occupational Safety and Health Administration (OSHA). These regulations protect workers in many ways, including from unhealthy exposure to chemicals, toxins, and other hazardous substances on the job.
Although these standards and regulations are in place, OSHA reports that violations of these regulations occur regularly. As well, it is likely that many occurrences of toxic chemical exposure in the workplace are never reported or uncovered by federal regulators. This leaves many workers at risk on the job for incurring serious injury and illness.
Delaware outlaws the use of lead paint on outdoor structures
One particular threat to worker safety has been exposure to lead. Although federal law has prohibited the use of lead for recreational and indoor use since 1978, it has not been banned for use on many outdoor structures. However, Gov. John Carney in 2018 signed a bill into law that makes Delaware the first state in the nation to prohibit the use of lead paint on many outdoor structures. The law prohibits the application of lead paint on outdoor structures such as playground equipment, parking lots, roads, water towers, bridges, and utility poles and towers.
Steps to take if exposed to toxic chemicals in the workplace
If you believe you have been exposed to toxic chemicals at work in Delaware, it’s very important to act quickly and methodically to protect your health and your rights. Here are the steps you should follow:
1. Seek Immediate Medical Attention: Your health is the top priority. If the exposure is severe or you experience symptoms like dizziness, difficulty breathing, or chemical burns, seek emergency medical help right away. For less urgent cases, visit a healthcare provider as soon as possible to document the exposure and any symptoms.
2. Report the Exposure to Your Employer: Inform your supervisor or safety officer about the incident immediately. This step is essential not only for your health and safety but also for initiating the workers’ compensation process. Make sure the incident is documented in writing.
3. Document the Incident: Keep detailed records of the exposure. This includes the date, time, and location of the incident, the chemical(s) involved, the circumstances of the exposure, and any immediate effects you experienced. Take photographs if applicable, and gather witness statements if possible.
4. Follow Up with Medical Treatment: Continue to monitor your health and follow through with any prescribed treatments. Keep all medical records and receipts as they will be crucial for your workers’ compensation claim.
5. Consult with a Workers’ Compensation Attorney: Contact an experienced workers’ compensation attorney to discuss your case. They can guide you through the claims process, help you gather necessary evidence, and ensure that you receive the benefits you deserve.
Taking these steps promptly can make a significant difference in your health outcomes and the success of your workers’ compensation claim.
Common injuries from hazardous chemical exposure
Hazardous and toxic chemicals can lead to a variety of different illnesses and injuries based on the particular substance involved and the manner in which the exposure occurs. Toxic chemical exposure in the workplace can lead to the following debilitating injuries and conditions:
- Smoke inhalation and burns from flammable chemicals
- Irritation of the eyes, skin, throat, and lungs
- Lead poisoning that can cause fatigue, abdominal pain, hearing loss, and cognitive difficulties
- Liver damage, nervous system damage, cancer, and other debilitating health conditions from DDT and other similar chemical compound exposure
- Brain damage caused by chemical inhalation and oxygen deprivation
The injuries and illnesses listed above, including others unnamed, require considerable medical treatment and sometimes long-term care. Injured workers in the state of Delaware deserve to have their associated medical expenses covered by workers’ compensation insurance. In addition to covering medical expenses, workers’ comp should provide appropriate the full income replacement available under the law. An experienced Wilmington workers’ compensation attorney can help ensure you receive the coverage to which you are entitled.
At Silverman, McDonald & Friedman, we provide strong legal representation for injured workers in various industries. If you have suffered injury on the job, we can help ensure you get the workers’ compensation coverage you need at this difficult time. Two Set up a free, no-obligation consultation with an experienced attorney from our team in Wilmington, Newark, or Seaford, call us today at 302-888-2900 or send us a message through our contact form.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.