From inhaling toxic fumes to suffering skin burns and developing chronic illnesses, chemical exposure injuries require prompt action. Here are recommendations on steps you can take if you are wondering what to do after a chemical exposure injury at work.
Seek Immediate Medical Attention
The first and most important action after experiencing chemical exposure is to get medical help. Even if your symptoms seem minor, some chemicals cause delayed symptoms. Identifying the chemicals involved and the seriousness of the injury can make treatment plans more effective or prevent permanent damage. Medical documentation is also critical if you plan to file a workers’ comp or personal injury claim.
Pay attention to symptoms, especially:
- Difficulty breathing or shortness of breath
- Eye redness or blurred vision
- Skin burns, irritation, or rashes
- Chest pain or coughing
- Headaches, dizziness, or nausea
- Neurological issues, such as confusion or tremors
It’s always a good idea to err on the side of caution and get evaluated by a healthcare professional.
Identify and Isolate the Chemical Source
When it’s safe to do so, try to identify the chemical involved in the exposure. This could involve reviewing labels and safety data sheets or consulting with your supervisor or safety officer. Knowing the chemicals involved will help emergency responders and doctors provide the right treatment. Never re-enter a contaminated area without proper protective equipment and clearance from a safety professional.
Report the Incident to Your Employer
As soon as possible, report the incident to your manager or supervisor. To be eligible for workers’ comp, you’ll need to file your report quickly after the incident. When reporting, include the following information:
- Specific details about what happened
- The chemical involved, if known
- Any safety violations or lack of protective equipment
- The names of any witnesses
Your employer can file a formal incident report, but be sure to request a copy for your own records.
File a Workers’ Compensation Claim
If the chemical exposure injury occurred at work, you’re likely entitled to workers’ compensation. Benefits typically cover:
- Medical expenses
- Lost wages
- Temporary or permanent disability
- Rehabilitation costs
To file a claim, get a claim form from your employer. Submit all documentation to Claims Administration, NC. Industrial Commission at 4335 Mail Service Center in Raleigh. If your claim is delayed or denied, you can appeal the decision with the help of an attorney. In 2023, North Carolina reported nonfatal workplace injuries and illnesses at a rate of 0.7 per 100 people. This equates to about 68,600 nonfatal workplace illnesses and injuries through private industry employers within that year. From 2022-2023, North Carolina reported 2,982 workers’ compensation claims, a 5.1% drop from the previous year.
Document Everything
Proper documentation is key in protecting your legal rights and insurance claims. Maintain a detailed file that includes all medical reports and test results. Also, keep track of bills and receipts from all treatments, and document time missed from work and any lost wages. Take photos of any physical injuries or the hazardous worksite. Thorough documentation can help strengthen your case.
Know Your Rights and Legal Options
Workers’ compensation laws prevent you from suing your employer for injuries sustained at work. However, there are exceptions to this rule. If a contractor, vendor, manufacturer, or other third party was responsible for your exposure, you may be able to file a claim against them directly. An experienced attorney can evaluate your case and advise you on how to proceed and what your legal options include.
Consider Legal Help
If your injuries are severe, your claim is denied, or a third party is involved in the chemical exposure, speaking with an attorney can help. A lawyer can:
- Investigate the cause of the exposure
- Preserve critical evidence in your case
- Negotiate with insurers on your behalf
- Pursue a legal claim if necessary
FAQs
Q: What Do I Do if I’m Exposed to Chemicals at Work?
A: If you’re exposed to chemicals at work, move away from the source immediately and remove any contaminated clothing. Seek first aid or medical treatment right away. Be sure to report the incident to your supervisor and document everything, including the chemical involved, symptoms, and witnesses. Keep detailed medical records and any receipts related to treatment to back up your legal claim.
Q: What Regulates Employee Exposure to Potentially Toxic Substances?
A: Employee exposure to toxic substances is regulated primarily by the Occupational Safety and Health Administration (OSHA) in the United States. OSHA sets exposure limits and requires employers to provide data safety sheets. They also mandate proper training, labeling, and personal protective equipment for employees. Employers are obligated to monitor hazardous substances and implement safety protocols.
Q: What Must Employers Do if Exposure Levels Are Potentially Harmful?
A: If exposure levels to harmful substances are possible in the workplace, employers must take immediate action to protect their employees’ health. This includes identifying the hazard, assessing exposure levels, and implementing controls, such as containment, ventilation, or substituting the harmful chemical for something safer. OSHA regulations require employers to monitor exposure levels, maintain detailed records, and notify employees of any risks.
Q: What Is the Protocol for Chemical Exposure?
A: The standard protocol for chemical exposure includes removing the person from the exposure area and administering first aid. This could involve thoroughly rinsing the skin or eyes with water. Next, you would call emergency services if symptoms were severe. The workplace safety officers must also be notified to properly document the incident and work to prevent further occurrences. The employee should get a thorough medical evaluation. It’s important to ensure employees are trained in emergency chemical exposure protocol when hired.
Contact a Chemical Exposure Injury Lawyer Today
M. Reid Acree Jr., Attorney at Law, offers decades of experience and extensive knowledge in chemical exposure cases. Our team can help you navigate the complexities of North Carolina chemical exposure law. We fight to get you the justice and compensation you deserve so that you can focus on recovery and moving forward. Contact us today to schedule a consultation to discuss what to do after a chemical exposure injury at work.