Can I Get Worker’s Compensation For Enviornmental Exposure?

Any type of environmental exposure that occurs over time is usually by definition not an “accident,” but rather potentially an occupational disease.

Unless the occupational disease falls into certain very specific categories, in order to prove that a disease is compensable, one must show by clear and convincing evidence that it is a disease arising out of employment to which the general public is not equally exposed.

Sunburn, even severe, is typically not thought of as a compensable type of injury, simply because it is so common in the public, and although we will discuss the hazards of sun exposure, it is highly unlikely that a worker’s compensation case could be brought based on an injury from overexposure to the sun.

What are the risks of working in the Cold while outdoors?

Unlike sunburn, there have been some cases of the Virginia Workers Compensation Commission as well as North Carolina Industrial Commission finding that injuries to workers from extreme cold such as frostbite may be compensable, either as an occupational disease or an injury by accident. Whether your case is compensable will depend on the specific facts of your case.

Some of the dangers of working in the cold, according to the Occupational Health and Safety Administration (OSHA) include:

• Immersion/Trench Foot. “Trench foot is a non-freezing injury of the feet caused by prolonged exposure to wet and cold conditions.” Symptoms include numbness, tingling, red skin, leg cramps bleeding under the skin, blisters, and gangrene.

• Frostbite. This health disorder is due to the freezing of the skin and tissues. Frostbite can lead to amputation without prompt treatment. Symptoms include “reddened skin develops gray/white patches in the fingers, toes, nose, or ear lobes; tingling, aching, a loss of feeling; and blisters.’
• Hypothermia. This disorder occurs when a worker’s body drops below 95°F. Cold exposure means that a worker’s body loses heat faster than the body can produce heat – eventually using up the body’s stored energy. While cold temperatures are the common cause, hypothermia “can occur even at cool temperatures (above 40°F) if a person becomes chilled from rain, sweat, or immersion in cold water.” Symptoms include “uncontrollable shivering, which should not be ignored.” Other symptoms include confusion, lack of coordination, a slow heart rate or slow breathing, slurred speech, and unconsciousness. Hypothermia can be fatal.
• Chilblains. This is a “painful inflammation of small blood vessels in the skin, caused by the repeated exposure of skin to temperatures just above freezing to as high as 60°F.” Common symptoms include itching, inflammation, redness, blisters, and possible ulceration.

Workers should wear layered clothing provided the clothing does not affect movement, waterproof and insulated boots, a hat, and protection for the face and other exposed body parts.