Under Missouri workers’ compensation law, employees who suffer work-related illnesses from toxic chemical exposure are entitled to benefits.
Exposure to toxic chemicals in the workplace can have serious, long-term health consequences. Manufacturing, construction, agriculture, and healthcare workers face daily risks of inhaling, touching, or ingesting hazardous substances. If you have been exposed to toxic chemicals at work and developed health complications, it is crucial to understand your rights under Missouri workers’ compensation laws and other legal protections.
Contact The Law Office of James M. Hoffmann today for a free consultation.
Common Workplace Chemicals That Cause Health Issues
Many jobs require employees to handle or be near hazardous substances. Some of the most common toxic chemicals found in workplaces include:
Industrial Chemicals
- Asbestos – Used in older construction materials, it can cause mesothelioma and lung disease.
- Benzene – Found in gasoline, solvents, and plastics, linked to leukemia and other cancers.
- Formaldehyde – Used in laboratories and manufacturing, it can cause respiratory issues and cancer.
Heavy Metals
- Lead – Found in paint, batteries, and construction and is linked to brain damage and organ failure.
- Mercury – Used in electrical equipment, it can cause neurological damage.
- Arsenic – Found in pesticides and electronics, linked to cancer and heart disease.
Gases and Fumes
- Carbon monoxide – Common in factories and auto repair shops, it can cause fatal poisoning.
- Chlorine gas – Used in cleaning and water treatment, can cause lung damage.
- Welding fumes – Exposure to metal oxides from welding can lead to lung diseases and nerve damage.
Pesticides and Herbicides
- Glyphosate – Common in agriculture, linked to non-Hodgkin’s lymphoma.
- Organophosphates – Found in insecticides, can cause nerve and brain damage.
Health Effects of Chemical Exposure at Work
Toxic exposure can cause immediate (acute) health effects or long-term (chronic) diseases that develop over time.
Acute Health Effects
- Skin burns or rashes
- Breathing difficulties
- Headaches, dizziness, and nausea
- Eye and throat irritation
Chronic Health Effects
- Lung diseases (e.g., asbestosis, COPD, silicosis)
- Neurological disorders (e.g., Parkinson’s, brain damage, memory loss)
- Cancer (e.g., lung cancer, leukemia, mesothelioma)
- Kidney and liver damage
Missouri Workers’ Compensation and Toxic Exposure Claims
Under Missouri workers’ compensation law, employees who suffer work-related illnesses from toxic chemical exposure are entitled to benefits. Unlike injuries from a sudden accident, exposure-related illnesses often develop gradually, which can make claims more challenging.
Requirements for a Workers’ Compensation Claim
To qualify for benefits, you must prove:
- Your illness or injury was caused by workplace chemical exposure.
- A medical professional diagnosed your condition.
- You were exposed to hazardous substances while performing job duties.
Missouri Workers’ Compensation Benefits for Toxic Exposure
If your claim is approved, you may be eligible for:
1. Medical Benefits
- Doctor visits, testing, and diagnostic procedures
- Hospital stays and surgeries
- Medications and ongoing treatments
- Respiratory therapy or rehabilitation
2. Wage Replacement (Disability Benefits)
If you are unable to work due to chemical exposure, you may receive:
- Temporary Total Disability (TTD): Paid if you cannot work while recovering.
- Temporary Partial Disability (TPD): If you can return to light-duty work but earn less than before.
- Permanent Partial or Total Disability: If you suffer lasting impairment, you may qualify for a settlement or lifetime benefits (Missouri Revised Statutes § 287.190).
3. Death Benefits for Families
If a worker dies due to toxic exposure, surviving family members may be eligible for:
- Funeral expenses (up to $5,000 in Missouri)
- Weekly wage benefits for dependents (Missouri Revised Statutes § 287.240).
Challenges in Proving a Toxic Exposure Workers’ Comp Claim
Toxic exposure cases are harder to prove than standard workplace injuries because:
- Symptoms may take years to appear.
- Employers or insurers may claim your illness is due to pre-existing conditions.
- There may be multiple sources of exposure (e.g., outside of work).
To strengthen your claim, it’s important to:
- Seek medical attention as soon as you notice symptoms.
- Get a written diagnosis linking your condition to workplace exposure.
- Document all chemical exposure incidents at work.
What If My Workers’ Comp Claim Is Denied?
If your claim is denied, you have options:
- Request a hearing with the Missouri Division of Workers’ Compensation.
- File an appeal if benefits are reduced or denied.
- Hire an experienced workers’ compensation attorney to fight for your rights.
Many workers are unfairly denied benefits because employers or insurance companies argue that their illness was not work-related. A lawyer can help gather medical evidence, expert testimony, and workplace records to support your case.
Can I Sue My Employer for Chemical Exposure?
Workers’ compensation is usually the only remedy, meaning you cannot sue your employer. However, you may have a separate third-party lawsuit if:
- A manufacturer produced a defective or dangerous chemical.
- A contractor or supplier failed to follow safety regulations.
- Your employer intentionally exposed workers to hazardous conditions.
How to Protect Yourself from Workplace Chemical Exposure
Employers must follow OSHA’s Hazard Communication Standard (HCS) to protect workers from toxic exposure (OSHA). Safety measures include:
- Providing proper ventilation and protective equipment (PPE).
- Training employees on chemical hazards and safety procedures.
- Labeling hazardous substances and providing Safety Data Sheets (SDS).
If your employer fails to provide these protections, you can file a complaint with OSHA (OSHA Complaint Form).
Get Legal Help for Your Workers’ Compensation Claim
If you’ve suffered from toxic chemical exposure at work, you deserve compensation for medical bills, lost wages, and long-term health effects. The Law Office of James M. Hoffmann has helped injured workers in Missouri for over 30 years, securing millions in workers’ comp settlements.