Do I have a good case for workers comp/personal injury claim?

[gealways]

Michigan


I've been exposed to a toxic chemical 5 days a week for 2+ years at work because I was improperly trained and told it was safe to use without gloves. Safety procedures are non-existent. I was trained directly by the owner of the business if that matters. Besides a burning sensation on my hands after work and coughing because of inhaling small amount of the chemical a few different incidents I have no noticeable injury. What are my chances of being approved for workers compensation or a personal injury claim? Is there any other action I can take?

I know I can contact osha to help enforce safety laws for the future but Im concerned about my 2+ years of exposure

 

[quincy]

Michigan


I've been exposed to a toxic chemical 5 days a week for 2+ years at work because I was improperly trained and told it was safe to use without gloves. Safety procedures are non-existent. I was trained directly by the owner of the business if that matters. Besides a burning sensation on my hands after work and coughing because of inhaling small amount of the chemical a few different incidents I have no noticeable injury. What are my chances of being approved for workers compensation or a personal injury claim? Is there any other action I can take?

I know I can contact osha to help enforce safety laws for the future but Im concerned about my 2+ years of exposure

What toxic chemical were you exposed to at your workplace?

If you are concerned about your exposure, see a doctor for a thorough examination.

OSHA is where you report safety violations. I don't know why you are hesitating to make a report.

 

[gealways]

What toxic chemical were you exposed to at your workplace?

If you are concerned about your exposure, see a doctor for a thorough examination.

OSHA is where you report safety violations. I don't know why you are hesitating to make a report.

I am making a report today, as well as notifying my boss of improper safety procedures but I'm wondering if my employer is liable for my exposure if injury isn't currently present?

As its my understanding sole responsibility falls on the employer for proper safety training and ppe. Do employees not have any grounds when they are put in danger because of improper training?

The chemical is phosphoric acid. After researching the label says can be absorbed through skin, do not let touch skin and can cause irreversible damage

 

[quincy]

I am making a report today, but I'm wondering if my employer is liable for my exposure if injury isn't currently present?

The chemical is phosphoric acid. After researching the label says can be absorbed through skin, do not let touch skin and can cause irreversible damage

If there are warning labels on the containers, why haven't you been handling the chemicals safely?

I recommend you consult with a doctor and have an examination to determine the extent of your injury.

 

[tranquility]

I am making a report today, as well as notifying my boss of improper safety procedures but I'm wondering if my employer is liable for my exposure if injury isn't currently present?

As its my understanding sole responsibility falls on the employer for proper safety training and ppe. Do employees not have any grounds when they are put in danger because of improper training?

The chemical is phosphoric acid. After researching the label says can be absorbed through skin, do not let touch skin and can cause irreversible damage

I am not a doctor or knowledgeable in chemicals and workplace risk at all. But, the irreversible damage seems to be scaring when a serious exposure is had. Long-term exposure "may cause irritation of the skin".

https://www.ccohs.ca/oshanswers/chemicals/chem_profiles/phosphoric.html
http://nj.gov/health/eoh/rtkweb/documents/fs/1516.pdf
http://www.cdc.gov/niosh/docs/81-123/pdfs/0506.pdf

We drink the stuff after all. It is the reason why teeth dissolved in the high school science demonstration when placed in a glass of Coke and left there for a week.

 

[gealways]

The chemical is filled in an unmarked bottle, my employer fills the chemical, and according to osha it's my employer's responsibility to inform/ properly train me to handle the chemical safely.

 

[quincy]

The chemical is filled in an unmarked bottle, my employer fills the chemical, and according to osha it's my employer's responsibility to inform/ properly train me to handle the chemical safely.

You edited your earlier post while I responding.

Yes, your employer should be training his employees on the proper handling and use of chemicals. In addition, there should be posters in the workplace advising on what chemicals are being used and how to use them safely. Proper safety equipment (e.g., masks, gloves) needs to be provided by the employer for use by the employees.

My question was not to the employer's responsibilities but to your own responsibility for your own health and safety. When you knew or at least suspected that the chemicals being used in your workplace were causing you health issues, I am curious why didn't you see a doctor, advise your employer of the reactions you were having to the chemicals, ask your employer to improve conditions, and/or file a complaint.

Here is a link to OSHA and how to file a complaint: https://www.osha.gov/workers/file_complaint.html

Again, you need to see a doctor so you can determine if the exposure to phosphoric acid has compromised your health. The doctor will need to connect the phosphoric acid used in the workplace to any ailments you have been experiencing.

Good luck.

 

[gealways]

You edited your earlier post while I responding.

Yes, your employer should be training his employees on the proper use of chemicals. In addition, there should be posters in the workplace advising on what chemicals are being used and how to use them safely. Proper safety equipment (e.g., masks, gloves) needs to be provided by the employer for use by the employees.

My question was not to the employer's responsibilities but to your own responsibility for your health and safety. When you knew or at least suspected that the chemicals being used in your workplace were causing you health issues, I am curious why didn't you see a doctor, advise your employer of the reactions you were having to the chemicals, ask your employer to improve conditions, and/or file a complaint.

Here is a link to OSHA and how to file a complaint: https://www.osha.gov/workers/file_complaint.html

Again, you need to see a doctor so you can determine if the exposure to phosphoric acid has compromised your health. The doctor will need to connect the phosphoric acid used in the workplace to any ailments you have been experiencing.

Good luck.

Okay thank you, and I just had found out the chemical was dangerous. I haven't had time to react to anything yet, I was told/trained the chemical was safe to use without gloves.

 

[quincy]

Okay thank you, and I just had found out the chemical was dangerous. I haven't had time to react to anything yet, I was told/trained the chemical was safe to use without gloves.

If your employer did not provide gloves, or said the chemical was safe to handle without gloves, he definitely was remiss. The phosphoric acid is known to cause dermatitis which varies in severity.

The health issues with phosphoric acid tend to come more from inhaling toxic fumes, so your employer should provide his workers with good ventilation in the work areas where the chemical is being used. The fumes can cause vision problems and respiratory problems.

I think your first step should be to see your doctor. After that, you can speak directly with your employer or you can contact OSHA. There is a possibility for legal action against your employer, depending on what your doctor and OSHA discover.

Good luck.

 

[Zigner]

Okay thank you, and I just had found out the chemical was dangerous. I haven't had time to react to anything yet, I was told/trained the chemical was safe to use without gloves.

If you have no injury and no sickness caused by the exposure to the chemicals, then you don't have a workman's comp claim.

 

[quincy]

If you have no injury and no sickness caused by the exposure to the chemicals, then you don't have a workman's comp claim.

Sometimes when chemicals are involved, the injury is not a visible one. There may be no noticeable symptoms or evident harm for years. This does not mean a workers compensation or personal injury claim is not possible. It just makes a doctor's examination more important.

 

[Zigner]

Sometimes when chemicals are involved, the injury is not a visible one. There may be no noticeable symptoms or evident harm for years. This does not mean a workers compensation or personal injury claim is not possible. It just makes a doctor's examination more important.

I don't disagree with you. However, a work comp claim now is likely premature if their is no evidence of injury/illness.

 

[quincy]

I don't disagree with you. However, a work comp claim now is likely premature if their is no evidence of injury/illness.

First, I somehow missed the "Michigan" in the original post. Where I have written "OSHA," it can be replaced with Michigan's "MIOSHA."

What I was trying to say in my previous post is that there might not be any visible to the naked eye injury/illness but that does not mean there is not evidence of injury or illness. A medical examination might discover evidence of harm.

Here is a link to Michigan's "Employer and Employee Rights and Responsibilities under MIOSHA:"

http://www.michigan.gov/documents/cis_wsh_cet0101_119296_7.htm

It appears from what has been stated that the employer has failed his employees in a few ways. gealways can request a MIOSHA investigation. gealways can request that MIOSHA does not reveal the source of the complaint (i.e., his identity will not be disclosed to the employer).

 

[tranquility]

Sometimes when chemicals are involved, the injury is not a visible one. There may be no noticeable symptoms or evident harm for years. This does not mean a workers compensation or personal injury claim is not possible. It just makes a doctor's examination more important.

True that. America, what a country.

By-the-by, did your mommy use baby powder when she changed you?

Cha-CHING!

 

[quincy]

True that. America, what a country.

By-the-by, did your mommy use baby powder when she changed you?

Cha-CHING!

I still like baby powder.