Cleaners, painters, auto body workers, nail salon workers, hospital staff, exterminators, warehouse and plant workers all handle chemicals that can burn the skin, damage the lungs or cause illness over time. Whether you were hurt in a single splash or spill, or got sick after months of breathing fumes, New York workers’ comp covers chemical injuries.
The short answer
- A sudden exposure, such as a splash, spill, leak or mixing accident, is a work accident. Give your employer written notice within 30 days.
- Illness that builds up over time from repeated exposure is an occupational disease, with a two-year deadline from when you knew it was work-related.
- Get the name of the chemical. The product label or safety data sheet is often the most important piece of evidence.
Common chemical injuries at work
- Chemical burns to the skin and eyes from cleaners, acids, lye, cement and industrial chemicals
- Breathing injuries from fumes, solvents and mixed cleaning products, including asthma and other lung disease
- Skin conditions such as contact dermatitis from gloves, disinfectants, solvents and resins
- Poisoning and nerve symptoms from solvents, pesticides, carbon monoxide or heavy metals like lead
- Eye injuries that can lead to permanent loss of vision
What to do after an exposure
- Get medical care right away and tell the provider exactly what you were exposed to.
- Write down the product name, or take a photo of the label. Employers are required to keep safety data sheets for the hazardous chemicals on site, and you can ask for a copy.
- Report it in writing to your supervisor, and keep a copy.
- Note who else was there and whether anyone else had symptoms.
Proving a chemical illness
The carrier will often say the symptoms came from something outside of work. These claims are won with a doctor’s opinion that connects your condition to the specific chemicals you handled, backed by the safety data sheets, a description of your job and how long you did it, and whether you had ventilation, gloves or a respirator. See our page on occupational disease for how the deadline and the “date of disablement” work.
Permanent injuries
A chemical injury that permanently affects your vision or the use of a hand can lead to a schedule loss of use award. Serious facial scarring from a burn can support a separate disfigurement award of up to $20,000 under Section 15 of the Workers’ Compensation Law.
Claims against the manufacturer
If a defective or mislabeled product caused your injury, you may also have a case against the company that made or sold it. That is a personal injury claim, separate from workers’ comp. Call us first: we will handle your workers’ comp claim, and if you have a lawsuit too, we will put you in touch with a lawyer who handles product cases and coordinate the two. The comp carrier may have a lien on any recovery.
Frequently asked questions
Is a chemical burn at work covered by workers’ comp?
Yes. A chemical burn from a splash, spill or leak at work is a work accident. Get medical care, report it in writing within 30 days, and file a claim with the Workers’ Compensation Board.
Can I get workers’ comp for getting sick from fumes over time?
Yes. Illness that develops from repeated exposure is an occupational disease. The two-year deadline runs from when you knew or should have known it was related to your work.
What evidence matters most in a chemical exposure claim?
The name of the chemical, ideally the product label or safety data sheet, and a doctor’s opinion connecting your condition to that exposure.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims for chemical exposure injuries from the office on Staten Island, for injured workers throughout the five boroughs and across New York State.
Call 718.701.2776 or 800.310.5520. Consultations are free, at our office, by phone or by video call. If we don’t recover money for you, we don’t get paid.