Employer and Third-Party Liability for Inhalation Injuries
After an inhalation injury, it is critical to investigate all potential sources of financial compensation. While employers are liable for workers’ compensation benefits regardless of fault (Colorado is a “no-fault” state when it comes to workers’ compensation), the medical and disability payments available through workers’ compensation do not cover all of the losses stemming from a toxic exposure injury. In order to recover maximum compensation for their losses, injured and sick construction workers must pursue third-party claims as well (i.e. claims against property owners, contractors and subcontractors).
These claims will often be based upon mistakes and failures such as:
- Failure to warn of inhalation risks on the property
- Failure to provide workers with appropriate protective gear or safety equipment
- Failure to control the release of toxic fumes or particulates
- Failure to provide an adequate escape route in the event of a fire or release of toxic substances
- Failure to adequately train employees on the risks of exposure and the proper handling of toxic substances
Inhalation Risks on Construction Sites
For construction workers, inhalation risks fall into two primary categories: (i) fumes from toxic chemicals and (ii) particulates. Examples of each include:
Common Toxic Chemicals on Construction Sites
- Cleaning solutions and paint thinners
- Gasoline and other fuels
- Industrial solvents
- Paints
- Urethanes and epoxy coatings
- Waterproofing chemicals
Dangerous Dust and Particulates
- Concrete dust
- Dust from demolition
- Sawdust
- Stone and masonry dust
While many construction workers will experience repeated and prolonged exposure to these and other health risks, even a single exposure to a dangerous chemical or particulate can cause serious illness or injury. Construction workers who suspect that they may be suffering due to inhalation (i.e. they are experiencing nausea, vomiting, dizziness, headaches, fevers or chills, or other symptoms) should be sure to seek medical attention as soon as possible. Note that you may need to see your employer’s designated medical provider in order to preserve your right to workers’ compensation benefits.
