Exposure to hazardous chemicals in the workplace can lead to severe health issues, including chronic illnesses and long-term disability. Workers who experience such exposure may be entitled to compensation. This article explains what hazardous substances are, employer responsibilities under OSHA, and the process of seeking workers’ compensation benefits.
What are hazardous substances?
Hazardous substances are chemicals that can cause harm when workers are exposed to them. These can include:
- Substances causing neurological damage
- Chemicals linked to infertility or reproductive issues
- Agents leading to chronic illnesses or long-term health complications
OSHA currently regulates over 400 hazardous substances to minimize risks to workers.
When can your employer be liable?
Employers have a legal obligation to ensure that their workplaces are free from recognized hazards, including those posed by hazardous chemicals. This duty is outlined under OSHA’s General Duty Clause, which requires employers to take proactive steps to protect workers from serious physical harm or death. Providing a safe work environment involves not only addressing immediate risks but also implementing long-term safety measures to mitigate potential dangers.
A critical aspect of these responsibilities includes adhering to OSHA’s Hazard Communication Standard (HCS). This regulation mandates that employers inform workers about the hazardous chemicals they may encounter on the job. Workers must receive proper training on how to safely handle, store, and respond to incidents involving these substances before they begin working with them. This training helps workers understand the risks, follow safe practices, and know what to do in case of an emergency.
Employers are also responsible for ensuring that only properly trained and qualified individuals handle particularly hazardous tasks. OSHA requires certain roles to be filled by employees who are deemed “competent,” “certified,” or “qualified,” ensuring that only those with the necessary skills and knowledge are assigned these duties.
Workers’ compensation for chemical exposure
If you’ve been exposed to hazardous substances at work, you may be eligible for workers’ compensation benefits. These benefits typically cover:
- Medical treatment for injuries or illnesses
- Lost wages due to the inability to work
- Compensation for permanent impairment
Eligibility for workers’ compensation
To qualify for workers’ compensation, you must demonstrate the following:
- Documentation or evidence that exposure happened during your job duties.
- You must be a recognized employee, not an independent contractor.
- The exposure caused a need for medical care or a disability..
Proving chemical exposure claims
Proof of exposure often depends on the nature of the incident. In cases involving a single event, such as a chemical spill, establishing a connection to workplace exposure may be straightforward. For long-term exposure, medical evidence linking health conditions to workplace hazards may be necessary.
How a workers’ compensation lawyer can help
If you’ve been exposed to hazardous chemicals at work, Kaplan Morrell is here to help. Our experienced Colorado workers’ compensation attorneys understand the complexities of chemical exposure cases and are dedicated to securing the benefits you deserve. We’ll assess your eligibility, gather the evidence needed to strengthen your claim, and advocate for you every step of the way.
With a proven track record of helping injured workers, Kaplan Morrell is your trusted partner in navigating the workers’ compensation process. Call us today at 303.780.7329 for a free consultation and personalized support.
