Chemical injury compensation claims
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We may be able to help you with a chemical injury claim
Working with chemicals can be dangerous, but thankfully good safety practices usually keep us safe from harm. When safety standards aren't maintained as they should be however, accidents can happen. The results can be serious, with the effects of chemical burns or inhalation potentially very traumatic.
A chemical injury claim is a type of personal injury claim that arises when someone is injured by exposure to a toxic substance such as chemicals or hazardous materials. The injury can be caused by inhaling the substance, ingesting it, or coming into contact with it through the skin. The most common types of injuries that can occur from exposure to toxic chemicals are burns, rashes, and throat or lung injuries, but nerve and neurological injuries (i.e., brain damage) from chemical exposure are not uncommon. If you are injured by chemical exposure while on the job, you typically have one of two potential legal remedies—a workers' compensation claim or a personal injury lawsuit –usually depending on where the chemical came from and who controlled the area where the exposure occurred.
What should I do?
If you have experienced a chemical injury at work, there are a few things you should do to take care of yourself and prepare for the possibility of a workers' compensation or a personal injury lawsuit:
- Get medical attention immediately. While the full extent of your injuries may not be immediately apparent it's important that you seek medical treatment as soon as possible. A doctor can document your injuries and make sure you receive the treatment you need. This will help to document your injuries and establish a timeline for your recovery.
- Notify your employer in writing. You should notify your employer in writing of the incident that led to your injury, when it occured and your intent to seek appropriate medical attention. This will create a record of the incident and help you if you decide to file an insurance claim or lawsuit later.
- Take photos of the accident scene. This could include photos of the hazard that caused you to fall, as well as any injuries you sustained. Photos can be helpful evidence in a personal injury lawsuit.
- Get the names and contact information of any witnesses to the accident. Witnesses can provide valuable testimony about what happened, and their statements can be used to support your claim.
- Keep a record of all your Medical expenses. This includes doctor's visits, hospital bills, medication costs, and any other expenses related to your injuries.
- Retain any documents related to the accident. This could include the police report, your medical records, and any photos or videos you took of the accident scene.
How much is my claim worth?
The amount of compensation a chemical injury victim is entitled to can vary depending on the specific circumstances of the accident and whether the victim's compensation is paid as part of a workers' compensation insurance claim or a personal injury lawsuit. Some considerations are:
- The victim's Lost wages. The victim may be entitled to compensation for lost wages if the injury or illness prevents them from working.
- The victim's current and future Medical expenses. The victim is entitled to compensation for all of their reasonable and necessary medical expenses related to the accident. This includes doctor's visits, hospital bills, medication costs, and any other expenses related to their treatment.
- Vocational rehabilitation. Vocational rehabilitation is a workers' compensation benefit that helps employees with physical, psychological, emotional, or health impairment overcome barriers that often hinder them from returning or maintaining their jobs. Vocational rehabilitation focuses on returning the injured worker to the original employer.
- The severity of the victim's injuries. The more serious the victim's injuries, the more compensation they are likely to receive. This includes both physical injuries, such as burns or impact to health, as well as emotional injuries, such as post-traumatic stress disorder (PTSD).
- Death benefits. The family of the deceased employee may receive an additional death benefit.
- The degree of employer negligence. In rare cases, an employees injuries may be the result of extreme indifference or reckless disregard for employees' safety. Gross negligence on behalf of the employer may impact the amount of settlement an injured employee receives.
Be sure to speak with an attorney
It is important to speak with an attorney if you have been injured at work. An attorney can help you understand your legal rights and options, and they can represent you in a workers' compensation claim or personal injury lawsuit if necessary.