Kentucky Workplace Chemical Exposure Injury Claims

Each year, thousands of workers in the US are injured, some fatally, by chemicals at their jobs. These injuries may be felt immediately, or exposure over many years can leave a person severely disabled. Satterley & Kelley, PLLC helps those with injuries caused by toxic substances obtain the compensation they deserve.

If you are hurt or a family member was killed by a chemical at work in Kentucky, Satterley & Kelley, PLLC attorneys can explain your legal rights and help you get the fair compensation you deserve. Call us at 855-385-9532 today for a free case review.

Key Takeaway: Workplace exposure to chemicals such as carbon monoxide, ammonia, chlorine, hydrochloric acid, and sulfuric acid can cause serious short- and long-term injuries. In Kentucky, injured workers may be entitled to workers’ compensation benefits and, when a third party contributed to the injury, may also have a separate personal injury or product liability claim.

A federal government study tracked chemical incidents in nine states from 1999 to 2008. It found that 13,196 people were injured in single chemical releases in just the reported incidents in those nine states.

What Workplace Chemicals Cause the Most Injuries?

The study found five chemicals that caused more worker injuries than others, including:

Carbon monoxide caused 2,364 injuries
Ammonia caused 1,153 injuries
Chlorine caused 763 injuries
Hydrochloric acid caused 326 injuries
Sulfuric acid caused 318 injuries

The study states that more than 84,000 chemicals are used commercially.

How Do These Chemicals Harm Workers?

Each chemical harms the body differently:

Carbon monoxideis a gas without color or smell. It’s in the exhaust made by engines and machines that burn fuel, like forklifts, generators, and gas heaters. When a worker inhales it, the gas stops blood from carrying oxygen to the heart and brain. Long-term effects include lasting brain damage, memory loss, heart damage, and death
Ammonia is a gas with a sharp smell. It is used in refrigeration, cold storage, and farming. When workers inhale large amounts, it burns the nose, throat, and lungs right away. It can also burn the eyes and skin on contact. Ammonia’s long-term effects may include chronic lung disease and vision loss
Chlorine is a yellow-green gas used to treat water and make cleaning products. When breathed in, it attacks the lungs and airways. Even small amounts can cause pain and trouble breathing. This chemical may cause chronic lung disease
Hydrochloric (or muriatic) acid is a powerful liquid acid used in factories and for cleaning. It burns the skin, eyes, and airway on contact. Breathing its fumes can cause serious lung damage
Sulfuric acid is one of the most widely used chemicals. It burns skin, eyes, and teeth. Even a short touch can cause deep, painful burns. Long-term effects include damage to teeth, the skin, and the lungs

Individual susceptibility to chemical exposure varies. If you believe you have been injured by a workplace chemical, seek medical evaluation promptly.

Why Do These Chemicals Poison Workers?

Chemical injuries at work result from errors and decisions made by employers, workers, and chemical manufacturers.

1. Mistakes by Employers

Employers must maintain a reasonably safe workplace. If they fail to do so, workers pay the price. Problems may include the following:

Failing to train workers on how to handle dangerous chemicals safely
Failing to provide workers with the right safety gear, such as gloves, goggles, and masks, or gear that’s defective
Not testing workplace air quality to find dangerous fumes before workers inhale them and suffer injuries
Not labeling chemical containers clearly so workers know the risk
Not maintaining or repairing equipment
Violating federal and state government rules that are meant to protect workers

Some employers are more concerned about safety than others. The smart ones understand that workplace safety can improve efficiency because injured workers may need time off.

2. Mistakes by Chemical Manufacturers

Potential errors and intentional decisions that may endanger workers include the following:

Designing chemicals that are more hazardous than necessary when safer alternatives exist
Using cheaper, more toxic raw materials or solvents to cut costs
Failing to develop or include stabilizers that would make a chemical less reactive or volatile
Omitting known hazards from Safety Data Sheets (SDS) that warn others of their dangers
Understating the severity of health risks
Using vague or technical language in warnings and instructions that workers without chemistry training cannot understand
Not updating labels when new hazard data emerges
Commissioning internal studies showing harm, then burying the results
Funding biased research to cast doubt on independent findings warning of a chemical’s dangers
Failing to warn of known dangerous chemical reactions when mixed with other chemicals
Not providing guidance for industries where misuse is predictable
Omitting first-aid and emergency response instructions
Selling highly hazardous industrial chemicals to buyers without verifying that they can safely use and store them
Failing to provide, or providing insufficient training or technical support to purchasers on safe handling
Mislabeling or mis-shipping chemicals, such as sending a more concentrated product than ordered
Failing to issue recalls or safety bulletins when a defect or newly discovered hazard becomes known
Not notifying customers when a formulation change alters a chemical’s hazard profile
Stonewalling injury claims to avoid revealing hidden problems

Manufacturers are in the best position to know about a chemical’s hazards and how it should be properly used. Sharing and publishing that knowledge may conflict with their desire to maximize profitability, and a company may prioritize income over safety.

3. Mistakes Made by Workers

Chemical exposure may be the result of a worker’s mistake or a co-worker’s error, including the following:

Not wearing the provided safety gear
Not following safety steps when working with chemicals
Not reporting broken equipment or other warning signs

In your situation, there may be several mistakes and decisions by multiple parties that lead to your injury. If your mistakes were a cause of your injuries, your compensation may be reduced by your share of the accident’s blame. After clients retain us, we investigate what happened, why, and who’s responsible to map out what can be done to help them.

What Compensation Might be Available Beyond a Workers’ Comp Claim?

Workers’ compensation provides benefits to employees for work-related injuries. It emphasizes quick payments for medical treatment and rehabilitation, and for a portion of your lost wages.

Except in rare situations, you can’t sue your employer for an injury on the job. Workers’ comp doesn’t pay for pain and suffering, the full amount of future lost income, or subject the responsible party to possible punitive damages if their actions are reckless and extreme.

A lawsuit may be possible in your case against parties responsible for your injuries other than your employer. It may be a “third-party lawsuit” (a party other than you and your employer), including the following:

The chemical manufacturer, if there was no warning label, or if the warning label was incomplete
The safety equipment maker, if it failed on the job
The property owner where unsafe conditions led to a chemical spill

If the chemical is unreasonably unsafe or unsafe for its intended use, a product liability lawsuit may be an option. A negligence claim may also be an option.

Get the Help You Need from Attorneys You Can Trust

If you’re injured or a family member is killed by chemical exposure, call us at 855-385-9532 or locally at 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley, PLLC attorney. We can discuss what happened, how Kentucky law may apply, and what we can do for you and your family.

Kentucky Workplace Chemical Exposure Injuries and Claims