Can You Get Workers’ Comp for Chemical Exposure at Work? – Injuries due to chemical exposures at work are covered under Workers’ Compensation, but they can be tough to prove.
Things to consider when proving a chemical exposure case
1. Can you get the Material Safety Data Sheets (MSDS)?
OSHA requires in any job site for employers to list the chemicals in a book to show the chemicals that are being used, what they are, what the health risks are if exposed, and what you should do if exposed.
You need to show what chemical you were exposed to, to be able to successfully maintain a claim, and hopefully, your symptoms match what the symptoms in MSDS describes to show that what you’re complaining about is consistent with exposure to that chemical.
2. Were any other employees affected and exposed?
Who else got affected? If you’re the only one, that will be a problem, because if everyone was exposed, how come you were the only one affected? There are exceptions for some people who have a greater sensitivity to the same chemical.
3. These cases can get expensive
We will have to hire a toxicologist expert who will be able to confirm that even though no one else got sick, you are more susceptible to having issues to a chemical that other employees don’t have.
The insurance company will hire its own toxicologist to try to deny it. This causes for cases to get expensive because of this kind of fight.
We’re here to help
If you’ve been exposed to a chemical at work and you’re suffering negative health consequences, get in touch with us. Cases can be very complicated and fact-dependent, so if you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98. All of our consultations are free and confidential.
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