Toxic Chemical Exposure at Ports and Dockyards

Whether your matter involves a workers’ compensation claim or a lawsuit against a responsible third party, the California dockyard worker accident lawyers at The Law Offices of Preston Easley, APC can help you in your situation. 

Workers at ports and dockyards may be exposed to a wide range of chemicals on the job. Inhalation and skin contact can cause immediate and severe injuries. Prolonged exposure to toxic chemicals can lead to occupational illnesses. Typically, there is some type of workers’ compensation system that provides benefits when you have suffered one of these injuries if you are not able to file a lawsuit against a third party.

Take control of your legal situation by scheduling a free initial consultation with a California dockyard worker accident attorney at The Law Offices of Preston Easley, APC. Call us today at (310) 773-5207 to speak with a lawyer. 

The Risks of Toxic Chemical Exposure at Dockyards

Whether one is working directly with the cargo, or they are simply continuously present at a port, they could be exposed to the following types of toxic chemicals:

• Petroleum products
• Industrial solvents
• Heavy metals
• Paints and coatings
• Industrial gases

Workers can suffer immediate injuries from exposure, such as in a fire, explosion or leak. They may also be sickened over time due to prolonged exposure. These chemicals may build up in the body after exposure, or they could progressively weaken internal organs. 

Injuries from Toxic Chemical Exposure at Dockyards

Common injuries from toxic chemical exposure at ports and dockyards may include:

• Chemical burns
• Respiratory distress
• Loss of eyesight
• Occupational asthma
• COPD
• Lung disease
• Neurological disorders
• Kidney damage
• Certain cancers

When one suffers an immediate injury, it is easier to file a claim because the exposure can be more readily connected to the medical condition. Injuries from extended exposure may be harder to tie to a specific workplace or chemical substance. 

Your Legal Pathways to Compensation After Toxic Chemical Exposure at Dockyards

How you seek compensation for an injury caused by chemical exposure depends on who may have been responsible. If you were exposed to chemicals as part of your daily duties with your employer, you may not be able to file a lawsuit. Unless there was some type of intentional misconduct that knowingly placed you in a situation where you would be hurt, you cannot sue your employer in a personal injury case. However, if a third party was responsible for the exposure, or the actual chemicals that you came into contact with were defective, then you may be able to file a personal injury case.

Even if you cannot file a personal injury lawsuit, there are still means for you to obtain some form of compensation. Many port and dockyard workers are covered by the Longshoremen and Harbor Workers’ Compensation Act. Here, you can file a claim with the U.S. Department of Labor’s Office of Workers’ Compensation Programs. If you are successful, you would receive coverage of your medical care, along with a portion of the wages you have lost by not being able to work.

Toxic chemical exposure cases can present their own unique difficulties when you have not suffered an immediate injury. It can be challenging, years after the fact, to both prove that you were exposed to a specific chemical and that it occurred at a certain workplace. Then, you must establish a medical connection between the exposure and your illness.

Toxic Chemical Exposure Cases Can Be Difficult

These types of workers’ compensation claims typically have a higher denial rate because of these challenges. You will need to present a thoroughly researched claim to the fullest extent possible. Your California ship and dockyard injury lawyer may conduct an investigation before you file a claim to compile as much persuasive evidence as they can. Nevertheless, there is a Section 20(a) presumption that is at play in occupational exposure LHWCA cases that could benefit your claim. Specifically, you may meet your own burden of proof by showing that a harm or injury exists, and your working conditions could have caused or contributed to it. Then, the burden of proof would shift to the employer to produce evidence that the condition was not caused or aggravated by employment. This can make it easier to win a toxic chemical exposure case, but it does not always guarantee success. 

Contact a California Dockyard Worker Injury Law Firm to Learn More

At the Law Offices of Preston Easley, APC, we are committed to helping you obtain full compensation for your injury. You can speak with a California dockyard worker injury lawyer during a free initial consultation by messaging us online or by calling us today at (310) 773-5207. 

Preston Easley

Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.