The vast majority of employees throughout the country spend most of their waking hours at work. Each and every worker has a right to expect that their workplace will be kept in safe, reasonable condition and that employees will be provided the tools and training they need to accomplish their jobs safely and with as little risk to their health as possible.
If you do suffer an injury from chemical exposure on the job in Texas, you can file a claim for workers' compensation benefits to help pay for your medical care and lost wages. Unfortunately, it's not always easy for workers to collect the recompense they need, particularly given the fact that insurers benefit from refusing employees' claims, even when they have a right to compensation. If you have questions about your legal protections after a chemical exposure in the workplace, call our Dallas personal injury attorneys at Rasansky Law Firm.
What is a Hazardous Chemical?
Any element, compound, or combination of elements or compounds that pose a physical or health danger as defined by the Federal Occupational Safety and Health Administration (OSHA) is considered a hazardous chemical.
Chemicals that are toxic, irritating, corrosive, carcinogenic, and harmful to the respiratory, cutaneous, and mucous membrane systems are some compounds that threaten human health. Furthermore, combustible, flammable, explosive, and compressed gaseous substances are some examples of physical dangers.
General Workplace Injuries Covered in Texas
Most people think of physical work-related injuries when considering what qualifies for workers' compensation, such as accidental electrocution, burns from machinery, falls from ladders or other elevated platforms, heavy lifting injuries, and more.
However, workers' compensation in the state of Texas extends beyond accidents that occur on construction sites or while performing similar types of physical labor.
Any of the following injuries sustained on the job or as a direct result of employment might be grounds for a workers' compensation claim:
- Injuries caused by repeated motion or tension, such as carpal tunnel syndrome
- Stress-related trauma and mental health issues from the workplace, including post-traumatic stress disorder (PTSD), depression, insomnia, and persistent anxiety
- Complications to an existing injury
- Chemical-related burns and illness
- Injuries to the eyes and ears sustained over the course of several months or years on the job
A person who sustains injuries on the job often cannot file a lawsuit against their employer in Texas. With that said, if a worker suffers a personal injury due to the actions of a non-employer ("third-party") or if the worker is subjected to sexual harassment, discrimination, or retaliation because of the worker's gender, race, sexual orientation, or other protected identity, the employee may have additional legal recourse.
Employee Rights in Texas Workplace Chemical Exposure
Workers' compensation benefits are available to a large portion of employees in Texas, with the exception of some domestic workers and independent contractors. You may ask your employer if you have questions about whether or not you are eligible for workers' compensation, but it is also a good idea to speak with a local workers' compensation attorney to ensure your company has correctly classified the nature of your employment.
When determining whether or not you are eligible, remember that the date of your injury is more relevant than its location. After all, a number of employees may not have regular office hours or are asked to travel for their jobs. Thus, you could still be covered if you get hurt while doing work-related tasks at a location other than your regular office. Moreover, remember the below when it comes to your rights regarding chemical exposure on the job, per the Texas Hazard Communication Act (THCA):
- Workers who are at risk of coming into contact with dangerous substances must be made aware of this danger. Posting a notice at the entrance to a work location that has been classified as a hazardous area is mandatory.
- The MSDSs and chemical lists of potentially dangerous substances used in the workplace must be readily available to all employees.
- A particular MSDS that has had any trade secret information removed will be delivered to employees upon request.
- Workers must be educated on how to safeguard themselves from potentially dangerous substances.
- Proper PPE (personal protection equipment) must be supplied to all employees for workplace chemical exposure in Texas.
Texas Law on Workplace Chemical Exposure
Roughly 32 million people across over 3.5 million jobs are exposed to potentially harmful substances daily, according to the Occupational Safety and Health Administration (OSHA). As a right-to-know rule, OSHA's Hazard Communication Standard (HCS) ensures that workers are informed about potentially dangerous substances and products on the job and how to avoid exposure to them, and the THCA echoes these rules in the Lone Star State.
Generally, any potentially dangerous compounds present on the work site must be documented. It is the employer's duty to keep track of any chemicals present in the workplace, including the names, locations, and contact information of the makers.
In addition, the following information is required to be shown on chemical containers: product identification, any dangers associated with the chemical, and the name, address, and phone number of the producer. Chemical manufacturers and importers are required to include a label with a statement, pictogram, and signal word for each category and class of hazards.
What's more, businesses are required to document their procedures for dealing with potentially dangerous materials. To facilitate the tracking of SDS and labels for each chemical, OSHA suggests cataloging risks according to product identification.
Contact a Dallas Personal Injury Lawyer After a Workplace Accident
Our skilled lawyers at Rasansky Law Firm have handled several cases relating to workplace injuries from chemical exposures. Moreover, our legal team will do all our power to ensure you secure justice and fair recompense for your losses. We take great pride in delivering the best possible results for our clientele and are ready to help you reclaim your life after a serious work accident today.
Our lawyers have handled workplace accident claims in Dallas-Fort Worth and throughout Texas for the last three decades. Contact our work injury lawyers in Dallas at 214-617-1886 if you or a loved one has been hurt in Texas due to an accident on the job. Regardless of the details surrounding your claim, our team is committed to fighting for your and your loved ones' rights.
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