Chemical Exposure at Work_ Third-Party Claims Against Suppliers in Parkersburg Industrial Settings

Chemical Exposure at Work: Third-Party Claims Against Suppliers in Parkersburg Industrial Settings

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The industrial hum of Parkersburg and the surrounding Ohio River Valley is the sound of productivity. For generations, workers in our chemical plants, manufacturing facilities, and industrial sites have been the backbone of the local economy. This work, however, often comes with unseen risks. Exposure to hazardous chemicals can lead to devastating, life-altering health consequences, sometimes years after the initial contact.

When a worker suffers from a chemical exposure injury, many assume that workers’ compensation is their only path to recovery. While workers’ compensation provides necessary benefits, it is a no-fault system that often falls short of covering the total impact of a serious occupational illness. Furthermore, it generally prevents you from suing your direct employer. But what if the cause of your injury was not your employer’s direct action, but a dangerously unsafe product supplied by another company? In these situations, a separate legal action, known as a third-party claim, may be possible against the chemical’s manufacturer or supplier.

What Are Third-Party Claims in Workplace Chemical Exposure Cases?

In West Virginia, the workers’ compensation system acts as a barrier, typically preventing an employee from filing a lawsuit against their employer for a work-related injury. This is known as the “workers’ compensation bar.” The system is designed to provide medical benefits and partial wage replacement regardless of who was at fault.

However, this legal protection does not extend to other companies or entities that are not your employer. If your injury or illness was caused by the negligence of an outside party—a “third party”—you may have the right to file a personal injury lawsuit against that company.

In the context of chemical exposure, a third-party claim often involves:

  • The Manufacturer: The company that produced the hazardous chemical.
  • The Supplier or Distributor: The company that sold or delivered the chemical to your worksite.
  • A Maintenance Contractor: A separate company hired to service equipment that may have malfunctioned and caused a leak or exposure.
  • An Equipment Manufacturer: The maker of faulty personal protective equipment (PPE) or machinery that failed to prevent exposure.

A third-party claim is a vital legal avenue because it allows an injured worker to seek damages that workers’ compensation does not provide, such as compensation for pain and suffering and the full extent of lost future earnings.

How Can a Chemical Manufacturer or Supplier Be Held Liable?

Holding a chemical supplier accountable requires proving they were negligent in some way. These companies have a legal duty to ensure their products are reasonably safe when used as intended and to provide adequate warnings about potential dangers. A third-party claim against a supplier is often built on one of several legal theories.

Failure to Warn: This is one of the most common grounds for a claim. A manufacturer has a duty to provide clear, adequate, and conspicuous warnings about the risks associated with their chemical product. This includes:

  • Providing an accurate and complete Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS).
  • Ensuring containers are properly labeled with hazard symbols and handling instructions.
  • Warning about the need for specific PPE, such as respirators, gloves, or specialized suits.
  • Informing users about the long-term health risks (latency diseases) like cancer or organ damage.

If a supplier downplays the risks, provides incomplete data sheets, or fails to label a container properly, they can be held liable for the resulting injuries.

Defective Product: A chemical product can be considered legally “defective” in a few ways:

  • Design Defect: The chemical’s formulation is inherently and unreasonably dangerous, even when used correctly.
  • Manufacturing Defect: The product was contaminated or improperly mixed during production, making it more hazardous than intended. For example, a batch of a cleaning solvent might have been accidentally mixed with a more corrosive agent.

Breach of Warranty: A supplier implicitly or explicitly warrants that their product is safe for its intended purpose. If a salesperson claims a solvent is non-toxic and safe for use in enclosed spaces, but it releases harmful fumes that cause respiratory damage, the supplier may have breached its warranty.

What Chemicals Often Lead to Workplace Injuries?

The industrial facilities in and around Wood County use a vast array of chemical substances. Some of the most common culprits in exposure cases include:

  • Solvents and Degreasers: Benzene, toluene, and trichloroethylene are used in many industrial processes and can cause neurological damage, kidney disease, and cancer.
  • Acids and Caustic Substances: Sulfuric acid, hydrochloric acid, and sodium hydroxide can cause immediate, severe chemical burns upon contact with skin or eyes.
  • Ammonia: Widely used in refrigeration and manufacturing, anhydrous ammonia can cause severe respiratory damage and burns.
  • Asbestos: Though heavily regulated, asbestos may still be present in older facilities, and exposure can lead to mesothelioma and lung cancer decades later.
  • Heavy Metals: Lead, mercury, and cadmium exposure can result in poisoning, leading to severe neurological and organ damage.
  • Pesticides and Herbicides: Workers in agriculture or groundskeeping may be exposed to chemicals that can cause nerve damage and other long-term health issues.
  • Welding Fumes: Fumes from welding, particularly on stainless steel, can contain hexavalent chromium, a known carcinogen.

What Types of Injuries Result From Toxic Chemical Exposure?

Unlike a fall or a machinery accident, the harm from chemical exposure is not always immediate. Injuries can be acute (happening right away) or latent (developing over months or years).

Acute Injuries

  • Severe chemical burns to the skin and eyes.
  • Respiratory distress and lung damage from inhaling toxic fumes.
  • Dizziness, nausea, and disorientation from acute toxic encephalopathy.
  • Poisoning leading to organ failure.

Latent Injuries and Occupational Diseases

  • Cancers: Leukemia, lymphoma, lung cancer, bladder cancer, and mesothelioma are strongly linked to industrial chemical exposure.
  • Respiratory Conditions: Chronic Obstructive Pulmonary Disease (COPD), asthma, and pulmonary fibrosis can develop from long-term fume inhalation.
  • Neurological Disorders: Conditions similar to Parkinson’s disease, memory loss, and peripheral neuropathy have been linked to solvent exposure.
  • Organ Damage: Kidney failure (nephrotoxicity) and liver damage (hepatotoxicity) are known consequences of exposure to certain industrial chemicals.
  • Reproductive Harm: Some chemicals can affect fertility or cause birth defects in children of exposed workers.

Because these diseases can take years to manifest, it can be challenging to connect the illness back to the workplace exposure that caused it. This is why a prompt and thorough investigation is so important.

What Evidence Is Needed to Prove a Supplier’s Negligence?

Building a successful third-party claim requires compelling evidence that connects your illness to a specific product and proves the supplier’s negligence. This is a complex process that often involves:

  • Material Safety Data Sheets (MSDS/SDS): These documents are a key piece of evidence. We would analyze what the supplier disclosed about the chemical’s risks versus what they should have disclosed based on scientific knowledge at the time.
  • Product Labels and Containers: Preserving the original container or taking clear photographs can show if warnings were inadequate or missing.
  • Witness Testimony: Co-workers can provide valuable information about how a chemical was used, what training was provided, and what safety information was available on site.
  • Medical Records and Expert Testimony: Your medical records establish the nature of your illness. Medical experts can then provide an opinion linking your diagnosis to the specific chemical exposure.
  • Industrial Hygienists and Chemical Experts: These professionals can analyze the work environment, reconstruct exposure levels, and offer testimony on whether the supplier’s warnings and instructions were sufficient.
  • Company Communications: Internal documents, emails, or marketing materials from the supplier might reveal that they knew about a danger but failed to disclose it properly.

What Are the Steps to Take After a Chemical Exposure Incident?

What you do immediately following an exposure incident—or after being diagnosed with an illness you believe is work-related—can affect your health and your legal options.

  • Seek Immediate Medical Care. Your health is the first priority. Go to an emergency room or see your doctor right away. Be sure to tell the medical provider exactly what you were exposed to and how it happened.
  • Report the Incident to Your Employer. Notify your supervisor in writing about the exposure incident or your diagnosis. This is a requirement for filing a workers’ compensation claim.
  • Identify the Chemical. If possible, safely take a picture of the product’s container, label, and any accompanying safety data sheet. Do not put yourself at further risk to do so.
  • Document Everything. Write down the names of any co-workers who witnessed the event. Keep a journal of your symptoms and how they are impacting your daily life.
  • Preserve Evidence. Keep any contaminated clothing in a sealed bag. Do not wash it. It may be valuable evidence for an expert to analyze.
  • Do Not Give a Recorded Statement. Insurance adjusters for the third-party supplier may try to contact you. You are not obligated to speak with them. Politely decline and direct them to your attorney. Anything you say can be used to undermine your claim.
  • Contact an Experienced Workplace Injury Attorney. A third-party chemical exposure claim is not something you should handle alone. The legal and scientific issues are incredibly complex, and these large chemical companies have powerful legal teams.

Connect with Bailey, Javins & Carter, L.C.

The physical, emotional, and financial toll of an occupational disease can be overwhelming. While you focus on your health and your family, the manufacturers, suppliers, and their insurance companies are already working to protect their financial interests. They may argue that your illness is unrelated to their product or that your employer was solely to blame.

The legal team at Bailey, Javins & Carter, L.C., has spent decades fighting for injured workers throughout West Virginia. We have the resources, the network of scientific and medical professionals, and the courtroom experience to unravel the complex facts of a chemical exposure case. We are dedicated to identifying every responsible party and pursuing the full measure of compensation you and your family need to secure your future.

If you or a family member has been diagnosed with a serious illness that you believe stems from chemical exposure at a Parkersburg-area industrial site, do not wait. Your time to file a claim is limited. Call us today at 678-981-5370 or complete our online contact form to schedule a free, no-obligation consultation. Let us put our experience to work for you.