Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in the body over time. Unfortunately, some New Jersey workers are facing serious health consequences due to PFAS exposure.
Who is Most at Risk?
Several occupations put workers at risk of PFAS exposure, including:
- Chemical manufacturing workers who produce or handle PFAS-containing materials.
- Firefighters whose turnout gear and fire retardant foams often contain PFAS.
- Airport workers who come into contact with firefighting foams used during emergencies.
- Textile industry workers who work with water-repellent fabrics treated with PFAS.
- Wastewater treatment plant workers who may be contaminated by PFAS in treated water.
Routes of Exposure
Workers can be exposed to PFAS through inhalation, ingestion, or skin contact. Inhalation is the most common route for those working directly with PFAS materials. Ingestion can occur through contaminated food or water, or accidentally swallowing contaminated dust or particles. Skin contact can happen when handling PFAS-containing materials without proper protective gear.
Health Effects of PFAS Exposure
Studies have linked PFAS exposure to a variety of health problems, including:
- Certain cancers (kidney, testicular, pancreatic)
- Immune system problems
- Thyroid disease
- High cholesterol
- Ulcerative colitis
- Birth defects
Workers' Compensation Benefits under NJ Act with Occupational Exposure Considerations
The NJ Workers' Compensation Act offers benefits for workers who become ill due to PFAS exposure on the job, but successfully claiming them requires considering occupational exposure specifics:
- Presumption of Causation: New Jersey doesn't currently have a presumption of causation for PFAS exposure and specific illnesses. This means workers must provide medical evidence directly linking their illness to workplace PFAS exposure.
- Date of Injury: Since PFAS exposure often happens over extended periods, determining the exact date of injury can be challenging. New Jersey follows the "cumulative trauma" doctrine, which acknowledges the illness can develop over time. Workers should document all potential exposure incidents.
- Multiple Potential Causes: Some PFAS-related illnesses have other potential causes. Workers' compensation benefits may be reduced or denied if the employer can demonstrate another significant contributing factor to the illness.
Potential Benefits
Despite the challenges, NJ Workers' Compensation can provide significant support for affected workers, including:
- Medical expenses: Coverage for all reasonable and necessary medical treatment related to the PFAS-related illness.
- Lost wages: Compensation for a portion of lost wages while the worker is unable to work due to illness.
- Temporary disability benefits: Payments for a limited period while the worker recovers from a work-related illness.
- Permanent disability benefits: Payments for workers who suffer a permanent disability from PFAS exposure. The amount is based on the degree of disability.
- Vocational rehabilitation: Services to help workers with permanent disabilities return to work in a suitable capacity.
The Road to Compensation
If you believe you have been sickened by PFAS exposure at work, it's important to act quickly:
- See a doctor: Get a medical evaluation to document your illness and link it to potential PFAS exposure.
- Report the exposure to your employer: Notify your employer in writing about your exposure and your suspected illness.
- File a workers' compensation claim: Consult with an attorney specializing in occupational exposure claims for PFAS to navigate the complex claims process and gather strong evidence.
New Jersey is at the forefront of addressing PFAS concerns. Workers' compensation benefits can help those who have been harmed by these dangerous chemicals. If you suspect PFAS exposure at work, don't hesitate to seek medical attention and legal guidance from an attorney experienced in occupational exposure claims.
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*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.
Blog: Workers' Compensation
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