What is a Chemical Exposure Lawsuit?
A person exposed to harmful chemicals who suffers an injury may seek compensation by filing a chemical exposure lawsuit. Compensation may be obtained through a workers’ compensation claim or a personal injury lawsuit.
Workers’ Compensation allows employees who suffer work-related injuries to be compensated for their medical expenses and lost wages without proving the injury was due to the employer’s negligence. In turn, employers may not accuse their employees of negligently causing their injury.
It sounds simple, but problems often arise when employers dispute that an injury was work-related, despite the employee’s claim. There are elements you must prove to collect workers’ compensation benefits when you claim you were injured due to chemical exposure in the workplace.
If you have developed health issues from unsafe exposure to chemicals at work, contact our Chicago chemical exposure attorneys today at (312) 766-1000 for a free consultation.
Workers’ Compensation and Chemical Exposure
Whether or not you can collect workers’ compensation benefits for your chemical exposure injury begins with proving several extraneous factors.
You need to identify the toxic substance that caused your injury. After identifying your medical problem, further evaluation may involve medical analysis and tests. For example, a certain caustic burn on the skin may lead a treating physician to conclude that the burn was caused by lye. Certain conditions in children only develop when the child eats lead paint, and mesothelioma is caused only by exposure to asbestos.
Determining the origin of a chemical can be challenging. While a chemical burn on the skin may be noticeable right away, other health issues can take years to develop. For instance, it can take anywhere from 10 to 50 years after asbestos exposure for mesothelioma, a kind of cancer, to develop. Many workers diagnosed with this condition have had to carefully review their entire work history to figure out when they were exposed and when they were working.
Who is Responsible For Your Chemical Exposure Injury?
Who had control of the job site where your exposure occurred? This should be easy if you are still working at the location where the exposure occurred. But, if the job was one you had months or years ago, the company may not be in business, or you may not remember its correct name. An experienced chemical exposure lawsuit attorney can help you with this task.
If you were exposed to that particular chemical at work. Some chemicals waft through the air, and it may be enough to show you were around where it was being used. Workers required to wear protective gear may have been exposed if the protective gear was inadequate. Job records showing the dates and times of your employment that coincide with the time the chemical was used will be helpful.
As a result of the exposure, you were injured. Some chemical exposures cause certain specific illnesses. As mentioned, mesothelioma is caused by exposure to asbestos.
Establishing these criteria will allow you to collect workers’ compensation benefits from whoever your employer was at the time of your exposure.
Personal Injury Lawsuit – Exposure Was Not Under the Control of Your Employer
If you were injured by a chemical exposure while working, but your employer did not control where the chemical came from, you may have a workers’ compensation claim and a tort claim. Work-related has been defined as arising “out of and in the course of employment.”
You have the right to file a personal injury lawsuit against the business that released the chemical in a way that harmed you. Just like other personal injury cases, you’ll need to show that the responsible party was careless and that their negligence directly caused your injuries and damages. Remember, you’re not alone in this, and there are ways to seek justice and support throughout the process.
Third-Party Lawsuits
Circumstances may exist where you can collect workers’ compensation and file a lawsuit against another responsible party. It is a third-party lawsuit since three parties are involved: you, your employer, and the third party.
One example of a third-party lawsuit is if you were using a chemical from a spray can at work, but the can malfunctioned, exploded in your hand, and caused burns to your skin. This resulted in being exposed to the chemical contained in the can.
Contact a Chicago Chemical Exposure Attorney – Don’t Wait to File a Claim
The law requires you to file your claims within a certain period after your injury, so do not delay. If you suffered an injury due to chemical exposure and the exposure was work-related, call or text our Chicago chemical exposure attorneys at the Blumenshine Law Group for a free consultation. (312)766-1000 or email [email protected].
Our lawyers have extensive experience in handling cases involving chemical exposure. They will work to ensure you receive all the compensation to which you are legally entitled, whether that means a workers’ compensation claim alone, a personal injury lawsuit, or a combination of both.
FAQs – Chemical Exposure and Workers’ Compensation
What is the difference between filing a workers’ compensation claim and a personal injury lawsuit for chemical exposure?
Workers’ compensation claims are no-fault, filed with your employer’s insurance, and cover medical expenses and partial lost wages. Personal injury lawsuits require proving fault, are filed in court, and can provide additional compensation for pain and suffering. Workers’ comp is limited to employees, while personal injury suits can be filed against third parties or for gross negligence.
How do I prove that my injury was caused by chemical exposure at work?
Proving chemical exposure injuries involves gathering medical records, documenting workplace chemicals, obtaining expert testimony, and collecting incident reports. Witness statements from coworkers and environmental testing results can also support your claim. Consult an experienced attorney to help build a strong case with comprehensive evidence.
What are the time limits for filing a chemical exposure claim in Illinois?
In Illinois, workers’ comp claims must be reported within 45 days and filed within three years of injury. Personal injury lawsuits have a 2-year statute of limitations, with possible extensions for delayed symptoms. Occupational disease claims allow three years from the date of awareness of the condition and its work-relatedness. Consult an attorney promptly to ensure you meet all deadlines, as they can be complex in chemical exposure cases.
Can I sue my employer for chemical exposure?
Generally, Illinois workers’ compensation laws limit direct lawsuits against employers, but you may have exceptions for intentional exposure or claims against third parties like chemical manufacturers. Contact Blumenshine Law Group to evaluate your specific case.
Scott Blumenshine is an experienced trial lawyer with over 35 years of experience representing victims of chemical exposure and workplace injuries in Chicago. As the founding partner of Blumenshine Law Group, he has deep expertise in managing the intersection of workers’ compensation and personal injury lawsuits. Scott is dedicated to ensuring that clients receive the full medical and financial benefits they deserve after being harmed by toxic substances.