Not every workplace injury happens in a single accident. Some California workers develop serious health problems after being exposed to chemicals, fumes, dust, pesticides, solvents, and other hazardous substances on the job.
Exposure may happen during a single incident, such as a chemical spill, or gradually over months or years. In either situation, workers may have legal options if the exposure causes an injury or occupational illness.
At Kinsler Law, we help workers throughout Ventura County and across California understand their rights after workplace injuries and illnesses.
How Does Toxic Chemical Exposure Happen at Work?
Workers can be exposed to hazardous substances by breathing contaminated air, absorbing chemicals through their skin, getting chemicals in their eyes, or accidentally ingesting them.
Potential workplace hazards include:
- Solvents and degreasers
- Cleaning and disinfecting chemicals
- Pesticides and agricultural chemicals
- Paints, adhesives, and thinners
- Welding fumes
- Fuels and petroleum products
- Silica-containing dust
- Industrial and manufacturing chemicals
- Acids and corrosive substances
- Carbon monoxide and other gases
Workers in agriculture, construction, manufacturing, warehouses, auto shops, cleaning services, landscaping, healthcare, welding, and other industries may be particularly likely to encounter hazardous substances.
What Are the Symptoms of Toxic Exposure?
Symptoms vary depending on the substance, amount of exposure, and how long the worker was exposed.
Possible warning signs include:
- Headaches or dizziness
- Nausea
- Eye or skin irritation
- Chemical burns
- Persistent coughing
- Shortness of breath
- Chest tightness
- Unusual fatigue or weakness
- Numbness or tingling
- Confusion or difficulty concentrating
Certain hazardous substances can also contribute to serious long-term occupational illnesses.
If you experience symptoms that you believe could be related to your job, tell your healthcare provider about the chemicals, fumes, dust, or other substances you encounter at work.
What Are California Employers Required to Do?
California employers have important responsibilities when workers may encounter hazardous chemicals.
Under Cal/OSHA’s Hazard Communication Standard, covered employers generally must provide employees with information and training about hazardous chemicals, maintain appropriate labels and warnings, and make Safety Data Sheets (SDS) available to workers.
Safety Data Sheets provide information about a chemical’s hazards, safe handling, protective measures, and emergency procedures.
Employers are also required to maintain an effective Injury and Illness Prevention Program to identify, evaluate, and correct workplace hazards.
What Should You Do After a Suspected Chemical Exposure?
If you believe a workplace chemical exposure has affected your health:
- Seek medical attention. Tell your healthcare provider what substances you work around and how you believe the exposure occurred.
- Report the exposure or illness to your employer. Make it clear that you believe the condition may be work-related.
- Document what happened. Record chemical names, dates, job duties, symptoms, protective equipment used, and any coworkers who witnessed the exposure.
- Keep important records. Save medical records, incident reports, Safety Data Sheets, photographs, communications, and workers’ compensation documents.
For conditions that develop gradually, keeping a detailed history of your work and exposure can be especially important.
Can Workers’ Compensation Cover Toxic Exposure?
Yes. California workers’ compensation can cover qualifying work-related illnesses as well as injuries.
If workplace chemical exposure causes or contributes to a medical condition, potential workers’ compensation benefits may include:
- Medical treatment
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
A worker does not necessarily need to identify one specific accident. Occupational illnesses can also develop because of repeated exposure over time.
Medical evidence is often especially important in these cases because it may be necessary to establish the connection between the worker’s job duties, exposure history, and medical condition.
Can You Sue for Workplace Chemical Exposure?
Workers’ compensation is generally the primary remedy against an employer for a work-related injury or illness in California. However, some chemical exposure cases may involve another person or company.
For example, depending on the circumstances, a third-party claim could potentially involve a:
- Chemical or product manufacturer
- Distributor or supplier
- Contractor or subcontractor
- Property owner
- Equipment manufacturer
A third-party personal injury or product liability claim is separate from workers’ compensation and depends heavily on the facts of the case.
Can You Report Unsafe Chemical Conditions?
Workers who believe their workplace contains unsafe or unhealthy conditions can file a complaint with Cal/OSHA.
Employees do not need to know which specific safety regulation may have been violated to report a potential hazard. Information about the substances involved, how workers are exposed, protective equipment, training, and any symptoms employees are experiencing can help document the concern.
Immigration Status Does Not Eliminate Your Rights
California workplace protections apply to workers regardless of immigration status.
If you are undocumented and become sick or injured because of your job, do not assume that your immigration status prevents you from pursuing workers’ compensation benefits.
Kinsler Law can review workplace injury and occupational illness cases throughout California, regardless of a worker’s immigration status.
How Kinsler Law Can Help
Toxic exposure claims can become complicated, particularly when symptoms develop gradually or an employer or insurance company disputes whether an illness is work-related.
Kinsler Law can help workers understand their rights, navigate the workers’ compensation process, address denied or disputed claims, and determine whether another party may also bear responsibility.
We represent workers in Oxnard, Ventura, Santa Paula, Camarillo, throughout Ventura County, and across California.
Contact Kinsler Law
If you believe exposure to chemicals, fumes, dust, pesticides, solvents, or other hazardous substances at work has caused or contributed to a health condition, it is important to understand your options.
Kinsler Law offers free consultations by phone or Zoom in English and Spanish. There are no upfront legal fees, and you only pay if we recover benefits or compensation on your behalf.
Contact Kinsler Law to discuss your workplace exposure and learn more about the legal remedies that may be available.