An on-the-job injury, such as a broken bone, is usually sudden and easy to trace to a specific event. However, an illness caused by workplace chemical hazards in Montgomery operates differently. Our Montgomery workers’ compensation lawyers help workers secure the benefits they deserve when illness strikes.
The symptoms of exposure to hazardous chemicals may develop slowly over many months or even years. This delayed effect makes it hard for workers to connect their diagnosis back to their employment, even if they know the exposure occurred on the job.
Unfortunately, this difficulty is often exploited by insurance carriers. When a worker files a claim for an occupational disease, the insurance company frequently argues that the illness is due to lifestyle choices, genetics, or exposure outside the job site. They try to deny that the work environment played any part in the medical condition.
If you suspect your illness is tied to your work environment, protect your rights and your ability to file a successful claim – reach out to Hunter | Everage.
Common Workplace Chemical Hazards in Montgomery, AL
Alabama has a strong industrial sector. Workers at automotive plants, textile mills, and construction sites frequently encounter toxic substances. Identifying chemical hazards in the workplace is the first step in understanding your risk.
Substances often involved in workers’ compensation claims include:
1. Isocyanates and Solvents
The automotive manufacturing industry relies heavily on paints, foams, and coatings that contain isocyanates. Spray painters and assembly line workers may also inhale solvents like toluene and xylene, which are used to clean machinery and thin mixtures.
2. Welding Fumes
Metal fabrication shops and construction sites expose workers to fumes containing manganese and hexavalent chromium. Inhaling these metals over long periods can cause severe respiratory and neurological damage.
3. Industrial Cleaning Agents
Workers in food processing and commercial sanitation often use strong acids, ammonia, and chlorine. An accidental mix of these chemicals or a splash in a poorly ventilated area can result in immediate respiratory distress or chemical burns.
4. Silica Dust
Construction crews working on road projects or building renovations in Montgomery frequently cut concrete and brick. This creates respirable crystalline silica, a known cause of permanent lung scarring.
5. Pesticides and Herbicides
Municipal workers and landscaping crews responsible for maintaining grounds in Montgomery face repeated exposure to hazardous chemicals used for weed and pest control.
Employers are required to label these containers clearly and provide Safety Data Sheets (SDS). Yet many workers remain unaware of the specific toxins they inhale or come into contact with until symptoms appear.
Health Conditions Linked to Chemical Exposure
A single chemical hazard in workplace environments can cause immediate injury, such as a chemical burn or eye damage. Repeated contact causes different problems. Occupational diseases often develop after months or years of low-level contact.
Common conditions associated with toxic exposure include:
- Respiratory Diseases: Asthma, COPD, and silicosis often result from inhaling fumes or dust.
- Neurological Damage: Solvents and heavy metals can affect the nervous system, leading to tremors, memory loss, or headaches.
- Skin Disorders: Contact dermatitis and eczema are common among workers who handle cleaning agents.
- Cancers: Mesothelioma, leukemia, and lung cancer have links to specific carcinogens like asbestos and benzene.
- Organ Damage: Long-term absorption of toxins can harm the liver and kidneys.
How to Report a Toxic Exposure Incident at Work
Taking immediate action protects your health and your legal rights. If you suspect your illness is work-related, you must follow specific steps.
1. Notify Your Supervisor Immediately
Alabama law has strict timelines for reporting injuries. For sudden accidents, report the event right away. For illnesses that develop over time, report the condition as soon as a doctor diagnoses you and links it to your job.
2. Seek Medical Attention From an Approved Provider
Your employer likely has a specific list of doctors you must see for workers’ compensation coverage. Explain your job duties and the chemicals you handle to the doctor. This information helps them make an accurate diagnosis.
3. Keep Detailed Records
Write down the dates of exposure, the names of the chemicals involved, and the symptoms you experience. Photographs of the work environment or labels on chemical containers also serve as valuable evidence.
Filing a Workers’ Comp Claim for Chemical-Related Illness
Filing a claim for an occupational disease caused by chemical exposure is often more difficult than filing a claim for a sudden injury. The core difficulty rests on proving that your illness resulted directly from the work environment.
To secure benefits, you must prove causation. This means showing that your job and the workplace chemical hazards were a probable cause of your illness. It is not enough to show that the exposure may have contributed. You must demonstrate that the risk of contracting the disease was greater in your specific employment than the risk faced by the general public. Insurance companies regularly fight these claims by suggesting the illness stems from other factors, like smoking, family history, or outside activities.
For chemical exposure claims in Alabama, the timeline for filing differs from that for an immediate accident. Generally, you have two years from the last date of your exposure to the hazardous substance, or two years from the date you discovered or reasonably should have discovered the connection between your illness and your job, to file a formal claim.
Due to the high burden of proof and the arguments insurance companies make, success often depends on strong medical evidence. This evidence must come from a medical provider who can specifically link your diagnosis to the exposure to hazardous chemicals at your worksite. Collecting documentation of your work history, the specific chemicals involved, and the medical opinions you receive is essential for building a successful claim.
When to Seek Legal Help for Toxic Exposure Claims
You do not have to accept a denial letter as the final word. An attorney can help you fight for the benefits you deserve.
Consider hiring legal counsel if:
- Your employer denies that the hazard exists.
- The insurance company refuses to authorize necessary medical testing.
- Your claim is denied based on a pre-existing condition.
- The exposure resulted in permanent disability or the inability to return to work.
An attorney can subpoena safety records, interview witnesses, and work with medical experts to build a case that proves the link between your job and your illness.
Contact an Experienced Montgomery Workers’ Compensation Lawyer
Toxic exposure cases require a deep understanding of both medical and legal issues. At Hunter | Everage, we fight for workers who have been harmed by dangerous working conditions. We help you secure the medical care and compensation you need.
Contact our office today at 704-377-9157 to schedule a free consultation to discuss your claim.