Toxic Exposure on Construction Sites: Legal Protections for Californians

As leading injury and accident attorneys in Southern California, we’ve helped countless clients pursue the compensation and justice they deserve. If you were injured in an accident caused by someone else, you may be eligible for compensation. Schedule a free consultation today. 

Construction sites are inherently dangerous environments and contain numerous hazards that can harm workers, visitors, and passersby. Although many construction site accidents involve heavy building materials, machines, and tools, others involve a more insidious danger: toxic chemical exposure. 

Toxic exposure remains a serious issue in Southern California, especially for workers in its bustling construction industry. Construction workers can encounter a variety of harmful substances on a job site, from asbestos to lead to silica, leading to serious injuries and illnesses. Treating conditions caused by toxic exposure can be a long, expensive journey that results in numerous financial and personal losses. 

Fortunately, construction workers who are harmed by toxic exposure may be able to secure compensation through legal action. This article will explore the nature of toxic exposure on construction sites, including common types of toxic substances, legal protections for workers, and how a personal injury attorney can help you pursue compensation.

Common Types of Toxic Substances on Construction Sites

Construction sites can contain numerous hazardous chemicals, depending on what is being built or demolished. Exposure to these harmful substances can lead to immediate health problems, latent issues, or both. Some of the toxins commonly encountered on construction sites include the following: 

• Asbestos. Asbestos was once a common building material used for insulation, fireproofing, and more, which is why many older homes and structures still contain it. Construction workers often inhale asbestos fibers when demolishing buildings, which can lead to diseases like mesothelioma, asbestosis, and lung cancer. 
• Lead. Many old buildings contain lead paint and pipes. Workers who are exposed to lead may suffer neurological damage, renal disease, cardiovascular effects, and even reproductive toxicity. 
• Silica. Silica is an important component of concrete, mortar, and sandstone — all of which are commonly used by construction workers. When inhaled, silica dust can cause various lung diseases, including silicosis and lung cancer. 
• Solvents and chemicals. Many of the solvents and chemicals used in paints, glues, and strong cleaners can cause respiratory issues, skin burns, and other acute injuries. 
• Volatile organic compounds (VOCs). VOCs are a group of chemicals that vaporize easily at room temperature and spread through the air, harming indoor and outdoor air quality. VOCs are found in a wide range of building and construction materials, and long-term exposure is associated with serious health complications. 

If you developed a condition or illness after exposure to these toxic chemicals, you may want to consider your legal action. An attorney can help you determine whether your work environment contains toxic chemicals and explore your legal options. 

Legal Framework and Protections

California has a legal framework designed to protect workers from the risks associated with toxic chemical exposure. Here are a few of those laws and regulations: 

• California Occupational Safety and Health Administration (Cal/OSHA) standards. California employers must adhere to strict regulations designed to mitigate exposure to toxic chemicals and hazardous materials in the workplace. These standards include proper ventilation, protective gear, and regular health monitoring. 
• California Right to Know Laws. These laws require employers to inform their workers about workplace hazards, including potentially dangerous substances, as well as provide training on how to safely handle them. 
• Workers’ compensation claims. Workers who sustain work-related injuries or illnesses are entitled to compensation, regardless of fault. Practically all employers are required to carry workers’ comp insurance so that injured workers can access a range of benefits, including compensation for medical expenses, lost wages, and disability benefits. 

Although these laws and regulations play an important role in protecting workers, they don’t always help workers secure the compensation they deserve. Although not all workers who experience exposure to toxic substances are eligible to pursue a toxic exposure lawsuit, some are eligible to do so. A personal injury lawyer can help you explore your legal options in a free consultation. 

Understanding Compensation for Toxic Exposure

In some cases, victims of toxic exposure on construction sites can pursue compensation for their damages. If you are eligible to pursue a toxic exposure lawsuit, you may be entitled to several different types of compensation, including the following: 

• Medical expenses. Including compensation for past, present, and future exposure-related treatments, hospital stays, medications, specialized treatments, ongoing rehabilitation costs, etc.
• Lost wages and future earnings. Meaning compensation for wages lost due to inability to work during recovery, as well as for the loss of future earning capacity (if the toxic exposure leads to long-term or permanent disability)
• Pain and suffering. A type of non-economic compensation awarded for physical pain and emotional distress related to toxic exposure
• Punitive damages. A type of non-compensatory damage awarded at the court’s discretion, particularly in cases where the employer’s or a third party’s negligence was especially severe or egregious

Toxic exposure lawsuits can provide critical support for affected workers, helping to alleviate financial burdens associated with recovery. However, not all workers are eligible for this type of compensation, which is why it’s important to consult a personal injury lawyer about your options. 

Legal Considerations in Toxic Exposure Cases

In order to successfully recover compensation in a toxic exposure case, a construction worker needs to prove that their exposure was caused by their employer’s or a third party’s negligence. Typically, this means demonstrating that an employer or third party was negligent in causing, failing to prevent, or failing to correct a toxic hazard. 

Proving negligence often requires the plaintiff to present various types of evidence. This may include comprehensive documentation of the exposure, medical diagnoses, and treatments, as well as expert testimony. Due to the complex nature of these cases, securing a fair settlement requires assistance from an experienced legal advocate. 

Case Barnett Law: Experienced Toxic Exposure Accident Attorneys in CA

Although California’s legal frameworks go a long way in helping prevent toxic exposure on construction sites, these devastating accidents still occur. And when they do, it’s critical that workers have a path for legal recourse. If you suffered toxic exposure on a construction site, you deserve justice, and the toxic exposure lawyer team at Case Barnett Law can help you find it. Schedule a free case evaluation online to get started.