How To File a Workers’ Comp Claim for Workplace Exposure

Are Workers Eligible for Benefits After Exposure to Toxic Chemicals?

Yes. Injuries due to exposure to toxic chemicals at work are almost always compensable under workers’ compensation laws. Whether you suffered a chemical burn, developed a respiratory illness, or were diagnosed with a long-term occupational disease, you are entitled to benefits if you can prove the injury or illness was caused by workplace exposure.

Importantly, you do not need to show that your employer was at fault. Workers’ compensation is a no-fault system, meaning benefits are available even if your employer took safety precautions or complied with federal regulations.

In some cases, injured workers may have a third-party claim for their workplace injury. For example, agricultural workers might be able to sue Syngenta for injuries caused by Paraquat exposure. 

According to the Bureau of Labor Statistics, more than 658,000 workers were injured by exposure to harmful substances in 2021 and 2022 alone. This is a sharp reminder that workplace toxins remain a serious hazard across the U.S.

What Are the Steps to File a Workers’ Comp Claim for Exposure Injuries?

If you have come into contact with chemicals or toxins at work, you should take the following steps to increase your chances of prevailing in a workers’ comp claim: 

• Talk to your doctor. As soon as a worker suffers a chemical burn injury or illness caused by toxic exposure, getting medical treatment should be priority. If you’ve been exposed to chemicals, see a doctor right away, even if symptoms seem minor. In addition to treating your injury or illness, medical professionals can link your condition to workplace exposure, and in some cases, refer you to a toxic exposure specialist. This creates a clear medical record that will support your claim later.
• Notify your employer within 45 days. Illinois law requires you to report workplace injuries within 45 days. Tell your supervisor or HR department as soon as possible after receiving a diagnosis or noticing symptoms. Provide details about when, where, and how the exposure occurred. Written notice is always stronger than verbal notice.
• File your claim with the IWCC. Filing an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC) officially starts your case. This document protects your rights if disputes arise and ensures you meet the statute of limitations. In most cases, you must file within three years of the injury or two years of your last workers’ comp payment, whichever is later.
• Document everything. Keep records of all doctor visits, prescriptions, diagnostic tests, and therapy. Save receipts for medications and equipment. Just as importantly, maintain a journal describing how your illness or injury affects your daily life. The more evidence you have, the easier it is to connect your condition to workplace exposure.
• Consult a workers’ comp attorney. Workplace exposure claims are notoriously complex. You must prove not only that you were injured, but that toxins at work caused your condition. An experienced Peoria workers’ comp attorney can gather expert testimony, medical evidence, and workplace safety records. They can also determine whether you have a third-party claim against a chemical plant or manufacturer, which may allow you to recover additional damages beyond workers’ comp. 

FAQs About Workers’ Comp and Workplace Exposure

How long do I have to file a claim in Illinois?

You generally have three years from the injury or two years from your last compensation payment to file with the IWCC.

Can I sue my employer directly for workplace exposure? 

Generally, no. Workers’ comp is the exclusive remedy against employers. However, you may pursue a third-party lawsuit if a manufacturer, contractor, or another company caused your exposure.

What if my claim is denied? 

You can appeal through the IWCC. Many denials are overturned with strong medical evidence and legal representation.

Protect Your Rights After Chemical Exposure at Work

Filing a workers’ comp claim for workplace exposure can be intimidating, but knowing the process gives you a head start. From medical treatment and timely reporting to official filing with the IWCC, each step strengthens your case. Don’t let missed deadlines or lack of documentation prevent you from recovering the benefits you need.

Call Strong Law Offices at 309-393-2928 today.