Toxic Exposure

If you’ve been exposed to toxic chemicals in your workplace, you may face lifelong side effects that impair your ability to work and live comfortably. Exposure to harmful substances—whether through prolonged contact, chemical spills, or other incidents—can result in severe medical conditions like lung problems, skin burns, or even cancer.

The maritime personal injury lawyers at BoatLaw, LLP understand the complexities of employee compensation in cases of toxic chemical exposure. We will fight to ensure you receive the financial support and justice you deserve.

Call 1 (800) 262-8529 to schedule a consultation.

• What is Toxic Chemical Exposure?
• Common Types of Victims in Toxic Chemical Exposure Cases
• Where Toxic Chemical Exposure Happens
• Potentially Liable Parties
• Maritime Legal Actions
• Potential Damages in Toxic Chemical Exposure Cases
• Steps to Take After Suffering Toxic Chemical Exposure
• Additional Resources
• Hire a Maritime Toxic Chemical Exposure Lawyer

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What is Toxic Chemical Exposure?

Toxic chemical exposure occurs when individuals come into contact with harmful substances such as asbestos, benzene, mercury, or polychlorinated biphenyls (PCBs). Exposure can result from:

• Prolonged contact with hazardous materials, such as asbestos or lead, often found on older ships.
• Chemical spills during transport or while handling hazardous cargo.
• Accidental leaks in ports, shipyards, or on vessels.
• Fuel and solvent exposure, especially benzene and mercury, from maintenance and operations.

Many of these substances can cause severe health conditions, and symptoms may not appear for years, making it a silent and dangerous threat.

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Common Types of Victims in Toxic Chemical Exposure Cases

The maritime industry is a high-risk environment for toxic chemical exposure. Common victims include:

• Shipyard workers involved in building, repairing, and dismantling ships.
• Crew members on commercial ships, tankers, and fishing vessels.
• Dock workers and port employees who handle hazardous cargo and materials.
• Cleanup crews responding to spills and accidents, who are at high risk of exposure.

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Where Toxic Chemical Exposure Happens

In states like Washington, Oregon, California, and Alaska, toxic chemical exposure occurs frequently in ports, shipyards, and on vessels. Major ports in cities like Seattle, Long Beach, Portland, and Anchorage are hubs for maritime activity, making them high-risk areas for exposure to harmful chemicals.

The fishing industry in Alaska is particularly vulnerable, with common risks from boat maintenance, fuel handling, and environmental hazards in remote locations.

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Potentially Liable Parties

Multiple parties may be liable for toxic chemical exposure in maritime settings:

• Shipowners are responsible for maintaining a safe vessel and could be held accountable for hazardous conditions.
• Employers or crew members may be liable if their negligence in following safety procedures contributed to the exposure.
• Manufacturers of chemicals or safety equipment may be liable if their products were defective or improperly labeled.
• Third-party contractors working on the ship who fail to adhere to safety guidelines or cause hazardous conditions may also be liable.

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Maritime Legal Actions

Several federal laws provide avenues for seamen and maritime workers to seek compensation:

• The Jones Act allows injured seamen to sue their employers for negligence if they can prove that negligence contributed to their injuries.
• Unseaworthiness claims can be made against shipowners if the vessel is unsafe for its intended use, including chemical exposure risks.
• Product liability claims can be brought against manufacturers if defective products, such as improperly labeled chemicals or faulty safety equipment, caused exposure.
• The Longshore and Harbor Workers’ Compensation Act (LHWCA) offers compensation to non-seamen, such as dock and shipyard workers, who are injured on the job.

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Potential Damages in Toxic Chemical Exposure Cases

Under federal maritime laws, workers who prove negligence or unseaworthiness may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of future earning capacity
• Maintenance and cure (for daily living expenses and medical costs until maximum medical improvement is reached)

For non-seamen, the Longshore and Harbor Workers’ Compensation Act provides compensation without needing to prove employer negligence, covering medical benefits, disability payments, and rehabilitation services.

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Steps to Take After Suffering Toxic Chemical Exposure

If you have been exposed to toxic chemicals:

1. Seek medical attention immediately to address any health concerns.
2. Inform your employer about the exposure and ensure the incident is recorded.
3. Document the incident, including details of how and where the exposure occurred.
4. Keep records of all medical treatments and expenses.
5. File claims promptly, as the statute of limitations for filing a lawsuit is typically three years, and for the LHWCA, it’s one year.

Role of a Toxic Chemical Exposure Lawyer

A toxic chemical exposure lawyer can:

• Identify the appropriate legal claims under the Jones Act, LHWCA, or other maritime laws.
• Help gather critical evidence, including medical records and witness testimony.
• Handle negotiations with employers and insurance companies to secure fair compensation.
• Represent you in court if necessary to ensure justice.

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Additional Resources

Hazards in the Maritime Industry – The Occupational Safety and Health Administration (OSHA) provides a fact sheet on hazard communication in the maritime industry, in alignment with the Hazard Communication Standard (HCS 2012). This document explains how maritime employers must communicate the hazards of chemicals on board, including labeling requirements, the use of safety data sheets (SDSs), and necessary employee training. It emphasizes the importance of maintaining a written hazard communication program and outlines the specific requirements for shipyard employment, marine terminals, and longshoring operations.

Proposition 65 Warnings – This resource, provided by the State of California, discusses the potential exposure to toxic chemicals on boats. According to Proposition 65, certain chemicals used in these vessels can cause cancer, birth defects, or other reproductive harm. The website offers guidance on how to minimize exposure to harmful chemicals from boats, including advice on avoiding engine exhaust, choosing alternatives to lead-based paint, and properly maintaining and servicing vessels.

Maritime Industries: Marine Transportation – The National Institute for Occupational Safety and Health (NIOSH) provides an overview of the marine transportation industry, highlighting the unique work hazards faced by marine transportation workers. This includes physical hazards like noise and ultraviolet light exposure, chemical hazards from fuel and cargo, and psychosocial risks like isolation and bullying. The site also discusses the high rates of injury and illness among seafarers and the efforts to protect these workers.

Hire a Maritime Toxic Chemical Exposure Lawyer

If you’ve suffered from toxic chemical exposure, BoatLaw, LLP is ready to help. Our experienced attorneys will guide you through the complex process of securing compensation for your injuries.

Call 1 (800) 262-8529 today for an initial consultation. We handle cases across Alaska, Washington, Oregon, and California, and in areas such as the Pacific Ocean, Bering Sea, Columbia River, and Gulf of Alaska.

Don’t settle for less than your case is worth—secure the compensation you deserve today.

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