How Forever Chemicals Impact Workers' Compensation in Nevada | Benson & Bingham

How Forever Chemicals Impact Workers' Compensation in Nevada | Benson & Bingham, updated 9/24/24, 11:54 PM

Nevada workers exposed to PFAS ("forever chemicals") may face serious health risks, such as cancers and autoimmune diseases. This article highlights the challenge of proving a direct link between PFAS exposure and workers' compensation claims, underscoring the need for professional legal advice.

 

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How Forever Chemicals Impact Workers' Compensation in
Nevada
PFAS, known as "Forever Chemicals," pose growing health concerns as studies reveal their
persistence in the environment and ability to accumulate in the human body. Found in many
consumer products, these chemicals resist degradation and are present in the blood of 97% of
Americans. Alarming research suggests PFAS may enter the bloodstream through skin contact.
Long-term exposure has been linked to cancers, autoimmune diseases, and reproductive
issues, according to the U.S. Centers for Disease Control.
PFAS Exposure in the Workplace
Forever Chemicals are widespread, but some jobs in Nevada put workers at an even higher risk
of exposure than the general public. PFAS, which include thousands of different chemicals, are
commonly used in industrial processes and found in many workplace products, especially those
designed to make items nonstick, water-resistant, or slippery.
According to the CDC, there are several occupations where workers may be more exposed than
the general population to PFAS; these include:
● Chemical manufacturers—workers at PFAS chemical production plants are most at
risk of exposure.
● Construction workers – PFAS concentrations are higher
in
frequently used
construction materials like roofing products, water-resistant paints, metal coatings for
industrial construction, specific solar panels, and concrete sealants.
● Ski technicians—A frequent practice in Northern Nevada involves ski technicians
applying ski wax, a petroleum product that enhances speed on the slopes. However,
many waxes contain PFAS, and technicians often breathe in the fumes during the
process.
● Transportation Industry—Research conducted by New York University showed that
every one of the eighteen commonly used commercial automotive lubricants includes
PFAS. The highest levels were detected in a specific hydraulic fluid designed for
vehicles, boats, elevators, and construction machinery. Additionally, PFAS are prevalent
in car components like fuel lines, brake lines, valves, and batteries.
● Cleaning Services—many cleaning products employed by professionals, including
specific floor waxes, stains, and carpet cleaning agents, contain high levels of PFAs and
frequently emit strong fumes.
Do Workers’ Compensation Benefits Apply If Forever Chemicals Are Linked
to Health Decline?
With certain jobs placing workers directly in contact with PFAS, and considering the potential for
health concerns associated with these life-long chemicals, a natural question then flows from all
of this: Does workers compensation cover exposure to PFAS?
We have no easy answer —in some ways we can, it’s certainly possible, but navigating the
process can be challenging.
To establish that you've been exposed to significant levels of PFAS, you will need to undergo a
blood test that measures these chemicals. However, such tests are not commonly offered,
which may require you to conduct some research and possibly cover the costs yourself.
Having a test that shows elevated levels of PFAS in you does not automatically entitle you to
workers' compensation. The difficulty in showing a direct correlation to your place of work!
Workers' comp works on a no-fault basis, so you do not need to prove negligence. However,
you must demonstrate that your injury occurred while you were engaged in job-related tasks.
As described, PFAS are in a variety of sources such as fire-fighting foam, consumer products
and day-to-day activities. It is therefore very difficult to definitively link your individual PFAS
levels with your workplace exposure. That is why you need to speak with a Nevada board
certified work comp lawyer. A serious personal injury law firm will also be able (through evidence
gathering, expert work and warm claims) to help you build a proven case.
How Can We Improve Workplace Safety?
Although claims involving workplace exposure to forever chemicals are still relatively new and
difficult to manage, experts believe that following safety standards can help limit the risks linked
with PFAS. Currently, the Occupational Health and Safety Administration (OSHA) has not
established defined standards or guidelines for PFAS levels in products or the air. Many safety
specialists are pressing OSHA to revise its regulations to include these compounds.
If you're concerned about handling PFAS in Nevada, ask your employer for suitable protective
gear and make sure you use it when working with items that contain PFAS. Wearing masks is
recommended while dealing with things that emit strong fumes or dust, and gloves can assist
avoid inadvertent intake of these substances.

https://www.bensonbingham.com

Benson & Bingham Accident Injury Lawyers, LLC
626 S 10th St
Las Vegas, NV 89101
Office: (702) 382-9797
Website: https://www.bensonbingham.com