Buffalo Chemical Exposure Injury Lawyer
You knew something was wrong. Maybe it was the smell. Maybe it was the headaches that started after a spill. Maybe it took years before a doctor finally connected your diagnosis to what you were breathing, touching, or working around every day on the job.
Chemical exposure injuries are covered under New York workers’ compensation law, whether the harm came from a single incident or built up over years of contact with a hazardous substance.
At Lewis & Lewis, P.C., we have represented workers throughout Buffalo and Western New York for over 80 years, including workers exposed to some of the most dangerous industrial chemicals in the region’s history.
We know how to identify what caused your injury, document the exposure, and pursue every source of compensation available.
Free consultation. No fees unless we recover for you. Call (716) 854-2100.
Buffalo, NY Pedestrian Accident Guide
- Are Chemical Exposure Injuries Covered Under New York Workers’ Compensation?
- Where Does Chemical Exposure Happen Most in Buffalo?
- Did Your Employer Have a Legal Obligation to Warn You About Chemical Hazards?
- How Do You Prove a Chemical Exposure Injury Is Work-Related?
- Can You File a Lawsuit Against a Chemical Manufacturer on Top of Workers’ Comp?
- What Are the Deadlines for a Chemical Exposure Workers’ Comp Claim in New York?
- What Benefits Can You Recover for a Chemical Exposure Injury in New York?
- Ask Lewis & Lewis
- FAQ for Buffalo Chemical Exposure Workers’ Comp Claims
- Resources for Buffalo Workers With Chemical Exposure Claims
- Contact Lewis & Lewis
Are Chemical Exposure Injuries Covered Under New York Workers’ Compensation?
Yes. Chemical exposure injuries are covered under New York workers’ compensation whether they result from a single acute incident, such as a spill or a leak, or from long-term exposure to hazardous substances over months or years on the job.
The nature of your exposure determines how your claim is categorized. An acute injury, such as chemical burns or respiratory distress from a one-time incident, is treated similarly to a traumatic workplace accident.
A condition that developed gradually from repeated contact with a toxic substance is treated as an occupational disease under New York Workers’ Compensation Law. Both are compensable. Both require specific types of evidence. And both are routinely disputed by insurance carriers.
What Types of Chemical Exposure Are Covered at Work?
Any hazardous substance you encounter on the job as part of your work duties may give rise to a workers’ comp claim if it causes injury or illness. Common examples in Buffalo workplaces include:
- Solvents and degreasers used in manufacturing, auto repair, and industrial cleaning, including benzene, toluene, and xylene
- Heavy metals such as lead, mercury, cadmium, and arsenic found in metalworking, battery production, and certain construction materials
- Pesticides and herbicides in agricultural, landscaping, and pest control settings
- Asbestos in older buildings, pipework, and insulation throughout Erie County construction and renovation sites
- Acids and caustic substances in chemical processing and manufacturing facilities
- Welding fumes containing manganese, chromium, and other toxic metals in fabrication and construction
- Cleaning and disinfecting agents in healthcare facilities that cause respiratory sensitization or skin conditions over time
If you were exposed to a substance at work and have since developed symptoms or received a diagnosis, the connection between the two is worth investigating with an attorney.
Call (716) 854-2100 to discuss your exposure history and whether you may have a claim.
Where Does Chemical Exposure Happen Most in Buffalo?
Manufacturing plants, chemical facilities along the Buffalo-Niagara corridor, construction sites, and healthcare operations throughout Erie County produce the most chemical exposure workers’ comp claims in Western New York. The industries that have driven this region’s economy for generations are the same ones that carry the highest documented exposure risk.
Which Buffalo Work Environments Carry the Highest Chemical Exposure Risk?
Industrial and chemical manufacturing. The corridor running from Buffalo through Niagara Falls has housed chemical production operations for over a century. Workers at these facilities have faced exposure to acids, solvents, chlorine compounds, and other industrial chemicals across entire careers. The legacy of that exposure is still producing diagnoses today.
Construction and renovation. Workers involved in demolition, renovation, and construction of older structures throughout Buffalo encounter asbestos, lead paint, and silica dust regularly. These exposures are particularly common in Erie County’s aging building stock and in public infrastructure work throughout the region.
Metalworking and fabrication. Welders, machinists, and foundry workers throughout the Buffalo metro face ongoing exposure to metal fumes, cutting fluids, and coatings that carry documented health risks including respiratory disease, neurological damage from manganese exposure, and certain cancers.
Healthcare and custodial work. Nurses, aides, and facility maintenance workers at Buffalo’s major hospital systems and care facilities encounter disinfectants, sterilization chemicals, and latex that can cause occupational asthma, dermatitis, and chemical sensitization over time.
Auto repair and body shops. Mechanics and body shop workers throughout Erie County use solvents, paints, and degreasers containing benzene and other known carcinogens in environments that are not always adequately ventilated.
Did Your Employer Have a Legal Obligation to Warn You About Chemical Hazards?
Yes. Under federal regulations from the Occupational Safety and Health Administration, commonly known as OSHA, and New York State law, employers are required to identify hazardous substances in the workplace, maintain Safety Data Sheets for each one, and train workers on safe handling and the risks involved.
What Is a Safety Data Sheet and Why Does It Matter for Your Claim?
A Safety Data Sheet, commonly called an SDS, is a standardized document that chemical manufacturers are required to produce for every hazardous substance. It describes what the chemical is, what health effects it can cause, what exposure limits are considered safe, and what protective measures are required when handling it.
In a chemical exposure workers’ comp claim, the SDS for the substance you were exposed to is one of the most important pieces of evidence. It establishes that the hazard was known and documented, often long before your injury occurred. It can also show whether your employer was following the required safety protocols or ignoring them entirely.
If your employer failed to provide SDS documentation, failed to train you on chemical hazards, or failed to provide required protective equipment, that failure is relevant both to your workers’ comp claim and potentially to a separate legal action.
Your employer had a duty to protect you. If they did not, call us at (716) 854-2100.
How Do You Prove a Chemical Exposure Injury Is Work-Related?
Proving a chemical exposure injury requires connecting a specific substance to a specific health outcome through medical and occupational evidence. The more clearly that connection is documented, the stronger the claim.
What Medical Evidence Supports a Chemical Exposure Workers’ Comp Claim?
Your treating physician needs to provide more than a diagnosis. The medical record should include an opinion connecting your condition to your workplace exposure, supported by the known health effects of the substance involved, the timeline of your exposure and your symptoms, and any testing that documents the presence of the substance or its effects in your body.
Physicians with occupational medicine experience are particularly valuable in these cases because they understand both the medical condition and the industrial context in which the exposure occurred.
Bloodwork, urine testing, pulmonary function studies, and neurological assessments are all types of medical evidence that may be relevant depending on the substance involved.
What Workplace Documentation Strengthens a Chemical Exposure Claim?
Employment records, job descriptions, incident reports from any spill or accident, OSHA inspection records, Safety Data Sheets for the substances you worked with, and co-worker statements all help establish the nature and duration of your exposure.
In cases involving acute incidents, emergency response records, air quality measurements taken at the time of the exposure, and medical treatment records from the day of the incident are critical. We work to obtain and preserve all of this documentation from the start of your case.
Can You File a Lawsuit Against a Chemical Manufacturer on Top of Workers’ Comp?
In many chemical exposure cases, yes. If a manufacturer produced the substance that harmed you and failed to adequately warn about its risks, a product liability claim against that manufacturer may be available alongside your workers’ comp case.
Workers’ compensation is generally the exclusive remedy against your employer, meaning you cannot sue them directly, but third parties outside that relationship are a different matter.
When Can a Third-Party Claim Be Filed in a Chemical Exposure Case?
The most common third-party claims in chemical exposure cases involve the manufacturers of the hazardous substance itself. Other potential third parties include equipment manufacturers whose products failed to protect you from exposure, contractors who brought hazardous substances onto a job site, and property owners who knew about chemical hazards on their premises and failed to address them.
A third-party claim operates separately from workers’ compensation. It can result in compensation for pain and suffering and full lost wages, rather than the partial wage replacement workers’ comp provides. Those are categories of loss the workers’ comp system does not cover. We evaluate both avenues in every chemical exposure case we handle.
Call (716) 854-2100 to find out whether a third-party claim may apply to your situation.
What Are the Deadlines for a Chemical Exposure Workers’ Comp Claim in New York?
The deadline depends on whether your injury was acute or developed over time, and missing either window can end an otherwise valid claim.
When Do You Have to File a Chemical Exposure Claim in New York?
Acute exposure injuries must be reported to your employer within 30 days and filed within two years under New York Workers’ Compensation Law Sections 18 and 28. For conditions that developed gradually, the two-year filing period runs from the date you knew or should have known your illness was work-related, with 90 days to notify your employer.
That definition is frequently disputed by carriers, so speak with an attorney before assuming your deadline has passed.
Note: Deadlines vary based on the specific facts of your case. An attorney can tell you exactly where you stand.
Do not wait. Call (716) 854-2100 today.
What Benefits Can You Recover for a Chemical Exposure Injury in New York?
A chemical exposure workers’ comp claim in New York can cover medical treatment, lost wages, permanency awards, and a Section 32 settlement. Permanency awards are payments that reflect lasting damage to your ability to work caused by the exposure.
A Section 32 settlement is a lump-sum resolution that closes the workers’ comp case in exchange for a negotiated payment. If a third-party claim is also available, additional compensation beyond what workers’ comp provides may be recoverable.
What Does Workers’ Comp Cover for a Chemical Injury?
Medical treatment including emergency care, specialist visits, diagnostic testing, medications, and ongoing management of chronic conditions caused by the exposure is covered without cost to you when properly authorized through the workers’ comp system.
Lost wage benefits replace a portion of your income when your injury or illness prevents you from working or limits you to a lower-paying position. New York calculates temporary disability benefits at two-thirds of your average weekly wage, subject to state maximums.
Permanency awards reflect lasting damage from the exposure. Chemical injuries that cause permanent lung damage, neurological impairment, or other chronic conditions can produce significant awards before the New York Workers’ Compensation Board.
Death benefits are available to surviving family members when a chemical exposure injury or illness results in death. Lewis & Lewis handles these claims and pursues every category of benefit the family may be entitled to.
Ask Lewis & Lewis
Q: I was exposed to chemicals at work but I do not know exactly what they were. Can I still file a claim? A: Yes. You are not required to identify the specific substance before filing. Your employer is legally required to maintain Safety Data Sheets for every hazardous chemical in the workplace. We can obtain those records as part of building your case and work with medical professionals to connect your symptoms to the substances involved.
Q: My employer says the chemical I was exposed to is safe and not the cause of my illness. What can I do? A: Your employer’s position does not determine the outcome of your claim. Safety Data Sheets, OSHA exposure limits, and medical literature establishing the known health effects of the substance are all part of the evidentiary record. We build that record and present it to the Workers’ Compensation Board independent of what your employer claims.
Q: I had a chemical exposure incident at work but did not go to the doctor right away. Does that hurt my claim? A: It can create challenges, but it does not automatically disqualify your claim. What matters is that you seek medical attention and document your symptoms as soon as possible. A delay in treatment gives the carrier ammunition to argue the exposure was not serious, but medical evidence and your account of what happened can still support a valid claim.
Q: Can I be retaliated against for reporting a chemical exposure or filing a workers’ comp claim? A: New York law prohibits employers from retaliating against workers who report workplace hazards or file workers’ compensation claims. It also prohibits retaliation against workers who file OSHA complaints about chemical hazard violations. If you believe your job is being threatened because you reported an exposure or filed a claim, speak with an attorney immediately.
Speak with our team at no cost. Call (716) 854-2100 or contact us online.
FAQ for Buffalo Chemical Exposure Workers’ Comp Claims
Does Workers’ Comp Cover Chemical Burns or Skin Injuries From Workplace Exposure?
Yes. Chemical burns, contact dermatitis, and other skin injuries caused by workplace chemical exposure are covered under New York workers’ compensation as acute injuries. These claims require documentation of the incident, the substance involved, and the medical treatment received.
If the condition becomes chronic or causes permanent scarring or disability, a permanency award may also be available.
What If My Chemical Exposure Happened During a One-Time Spill or Accident?
A single acute exposure incident is treated as a workplace accident under New York workers’ comp. You must report it to your employer within 30 days and file your claim within two years. The more thoroughly the incident is documented at the time, including any emergency response, air quality readings, and immediate medical treatment, the stronger your claim will be.
Can I File a Chemical Exposure Claim If I Was a Temporary or Contract Worker?
Yes. Temporary workers and contractors are generally covered by workers’ compensation in New York, though the question of which employer’s policy covers the claim depends on the specific employment arrangement. If you were placed by a staffing agency, that agency may carry the workers’ comp coverage. We can determine which policy applies and pursue the claim accordingly.
What If OSHA Cited My Employer for the Chemical Hazard That Injured Me?
An OSHA citation against your employer for a chemical hazard violation is highly relevant to your claim. It establishes that the hazard was identified by regulators, that your employer was found to be in violation of safety standards, and that the exposure was foreseeable and preventable. We incorporate OSHA records into the evidentiary record whenever they are available.
Resources for Buffalo Workers With Chemical Exposure Claims
The Chemical Was Identified. The Harm Was Real. Let Us Build the Case.
Some chemical exposure injuries happen in a moment. Others take years to surface. Either way, the workers who were harmed deserve the same thing: compensation that reflects what they lost, from every source the law allows.
Lewis & Lewis has been representing workers in Buffalo and across Western New York since 1944. We have handled claims involving some of the most hazardous substances in the region’s industrial history, and we know how to pursue both the workers’ comp claim and any third-party action that may run alongside it.
Six office locations across Western New York. No fees unless we recover for you.
Call Lewis & Lewis at (716) 854-2100. Or contact us online for your free consultation.
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