Many people in Scranton work in factories, warehouses and other industrial settings. Some jobs involve harmful chemicals every day. If those chemicals cause an injury or illness, workers may wonder what options they have. In some cases, workers’ compensation may not be the only path. A third-party claim may also be possible if someone other than the employer helped cause the exposure.
When a third-party claim may be possible
Workers’ compensation can pay for medical care and part of your lost wages after a job-related injury or illness. In many cases, it is the first source of benefits. However, it does not always prevent a claim against another person or business.
A third-party claim may apply if another party contributed to the chemical exposure. Examples include:
- A company that made a defective or poorly labeled chemical
- An outside contractor that created unsafe working conditions
- A maintenance company that failed to repair safety or ventilation equipment
- A supplier that delivered contaminated or unsafe materials
Under Pennsylvania workers’ compensation law, an injured worker may be able to seek compensation from a responsible third party while also receiving workers’ compensation benefits in some cases. The cause of the exposure can affect which claims may apply.
How these cases are reviewed
Not every chemical exposure leads to a third-party claim. The facts must show that another person or business played a part in the injury or illness.
Medical records, incident reports and workplace inspections often help explain what happened. Information about the chemical may also help identify the source of the problem. Pennsylvania law also recognizes some occupational diseases caused by workplace exposure. Federal workplace safety law requires employers to share information about hazardous chemicals used on the job.
Good records can help explain how the exposure happened.
Chemical exposure can have lasting effects on your health and your ability to work. Reporting the incident, getting medical care and keeping important records can help protect your rights. Learning how workers’ compensation and third-party claims differ can help you make informed decisions after a workplace injury.
