You woke up coughing one morning and brushed it off as “just a cold.” But the coughing didn’t quit, and before long, you’re horrified to discover that you’re hacking up blood. Could your construction job be to blame?
If you’ve suffered injuries due to occupational exposure, an NYC construction accident attorney from William Schwitzer & Associates, PC, can help. Learn about your options for seeking compensation below.
Hidden Hazards of Construction Sites
Toxic substances on construction sites are dangerous partly because they’re largely invisible. You may work with and around hazardous materials daily for years, never aware of the damage they’re doing to your body until it’s too late.
In 2020, construction workers experienced nearly 9% of workplace deaths due to toxic substance exposure, and in 2021-22, toxic exposure resulted in more than 630,000 days away from work across all industries.
Common toxic substances on construction sites include:
- Lead: If you’re of a certain age, you may remember your parents fretting about lead chips in paint. Even though lead paint was banned for consumer use in 1978, one can still find this toxic substance in plenty of building materials. Welding, demolition, torch burning, and power tool cleaning are risky tasks because they often expose workers to lead.
- Silica: Silica is a danger because its tiny particles can become lodged in the lungs when inhaled. Grinding, cutting, or chipping can expose construction workers to silica dust.
- Asbestos: Despite its dangerous reputation, asbestos saw widespread use in materials like roof shingles, insulation, and cement for decades thanks to its reputation as an excellent insulator. The EPA banned the import of chrysotile asbestos in March 2024, but the mineral is still lurking in buildings throughout NYC.
- Formaldehyde: Although formaldehyde is known to cause cancer, it’s still commonly found in plywood, foam insulation, and particle board.
- Solvents: In the short term, solvents such as ethyl acetate and xylene can cause dizziness and headaches. Over time, breathing in solvent fumes can cause kidney and liver damage.
Toxic Exposure on Construction Sites May Lead to Life-Altering Injuries
Brief occupational exposure to toxic substances doesn’t usually cause death, but long-term exposure can cause a slew of devastating injuries and diseases. These include:
- Cancer: Construction sites can employ over 130 cancer-causing substances. One common cancer construction workers develop is mesothelioma, a type of lung cancer almost exclusively connected to asbestos. It tends to develop within 10-40 years of exposure.
- Brain damage: Certain chemicals can starve the brain of oxygen, resulting in permanent neurological damage and death.
- Parkinson’s disease: This progressive neurological disease is caused by exposure to chemicals found in solvents, such as perchloroethylene.
- Burns: Some chemicals can cause painful burns and scarring.
- Asthma: Asthma is a lung condition that makes it difficult to breathe. You’re more likely to develop asthma if one of your parents has it.
- Aplastic anemia: This rare blood disorder is caused by chemical exposure due to working constantly with gasoline and pesticides.
How Does Toxic Exposure Happen on Construction Sites?
The Occupational Safety and Health Administration (OSHA) sets allowable levels of toxic substances on construction worksites. OSHA regulations are designed to protect workers, but unfortunately, not all employers follow the rules.
Employers slip up by ignoring workplace safety standards, failing to train workers on how to handle toxic substances, and neglecting to provide protective equipment to workers who handle dangerous materials. They may also neglect to post signage in areas where toxic substances, like lead and silica, are present.
Toxic exposure can also occur if construction workers don’t wear their PPE, which may include masks, sturdy boots, and eye shields.
Next Steps If You’ve Suffered a Toxic Exposure Injury
Feeling unwell after occupational exposure? You may be able to seek compensation with the help of a New York construction accident lawyer. You have two options: applying for workers’ compensation or filing a third-party lawsuit.
Applying for Workers’ Compensation
You generally can’t sue your employer for workplace injuries, even if those injuries happened because of an OSHA violation. If your injuries were the result of employer negligence, your main recourse is to file for workers’ compensation.
Workers’ compensation is a type of insurance that pays for medical treatment if you’re hurt on the job. It also provides weekly benefits that are a portion of your paycheck until you can go back to work.
The trouble is that it can be difficult to gain approval for workers’ compensation due to toxic exposure. Unlike a broken leg or laceration, toxic substances often cause invisible injuries, and those injuries may not fully manifest until years after exposure. You may face an uphill battle trying to prove that your injuries happened at work.
If workers’ compensation denies you, you’ll need the help of a workplace accident attorney to appeal the decision. Your attorney will work with your medical treatment team to prove that your injuries happened at work.
Filing a Third-Party Lawsuit With a Construction Accident Lawyer in NYC
If you suffered occupational exposure injuries because of a third party’s negligence, you can file a lawsuit to recover damages. You’ll need to file a claim within three years of the date of the injury or within three years that you noticed (or should have reasonably noticed) the injury. So, for example, if you developed cancer decades after exposure to toxic substances, you may still have time to file a claim.
It can be difficult to know who to file a claim against. Maybe the general contractor your employer hired is liable, or the blame rests with the property owner. Your workplace accident lawyer can determine which parties are liable and file a claim against each.
If your claim is successful, you can secure compensation for:
- Medical bills related to the injury
- Lost wages if you cannot work
- Loss of earning potential
- Non-economic damages, such as mental distress and pain and suffering
Seek Compensation for Toxic Exposure Injuries With the Help of a New York Construction Accident Lawyer
There are many excellent reasons to hire a construction accident lawyer, the strongest of which is that you’ll have a better chance of winning fair compensation. If you’ve suffered occupational exposure injuries, reach out to our attorneys at William Schwitzer & Associates, PC. Our attorneys proudly protect the rights of injured construction workers throughout New York, and we will fight hard to secure fair compensation for your occupational injury.
Call (212) 683-3800 for your free case evaluation.
Frequently Asked Questions
What is a chemical hazard in construction?
Common chemical hazards in construction include asbestos, lead, mercury, and solvents. Exposure to these substances can cause cancer, lung disease, kidney damage, and other chronic conditions.
What are the respiratory hazards of inhaling toxic fumes?
Short-term health risks of inhaling toxic fumes include headaches, coughing, trouble breathing, nausea, eye problems, and fainting. Long-term exposure can cause lung damage, nerve damage, memory issues, and cancer.
What should a construction worker do if exposed to toxic materials?
Construction workers exposed to toxic materials should seek medical attention and report the exposure to their employer. If they develop injuries from exposure, they may either apply for workers’ compensation or file a lawsuit, depending on whether their employer or a third party is liable.
What damages are there for a construction accident?
Damages for a construction accident or injury, such as occupational exposure to toxic substances, can include medical bills, lost wages, and loss of earning potential. Construction workers may also be able to seek non-economic damages, such as pain and suffering.
