Workers in numerous industries face exposure to cancer-causing substances as part of their daily job duties. When occupational carcinogen exposure leads to cancer, affected workers and their families may pursue workers' compensation benefits and third-party lawsuits to obtain compensation for medical expenses, lost income, and the profound human costs of occupational cancer.
Common Occupational Carcinogens
Scientific research has identified dozens of substances encountered in workplace settings that cause or likely cause cancer in humans. Asbestos remains the most notorious, causing mesothelioma, lung cancer, and other malignancies in workers who inhaled its microscopic fibers. Despite awareness of its dangers, asbestos exposure continues in demolition, renovation, and maintenance work on older buildings.
Benzene, found in petroleum products and used in chemical manufacturing, causes leukemia and other blood cancers. Silica dust from cutting, grinding, or drilling stone, concrete, or masonry causes lung cancer and silicosis. Formaldehyde, used in manufacturing and found in many products, is linked to nasopharyngeal cancer and leukemia. Diesel exhaust, encountered by truckers, miners, and others, increases lung cancer risk substantially.
Industries with Elevated Cancer Risks
Construction workers face exposure to asbestos, silica, wood dust, diesel exhaust, and numerous other carcinogens depending on their specific trades. Firefighters have elevated rates of multiple cancer types due to repeated exposure to combustion products and other toxic substances at fire scenes. Manufacturing workers encounter carcinogens ranging from metalworking fluids to industrial solvents depending on their industry.
Healthcare workers face unique exposure risks including chemotherapy drugs, sterilization chemicals, and radiation. Agricultural workers encounter pesticides linked to lymphoma and other cancers. Miners, oil refinery workers, chemical plant employees, and rubber manufacturing workers all have documented elevated cancer risks from occupational exposures.
Proving Your Cancer Is Work-Related
Establishing that your cancer resulted from occupational exposure requires demonstrating both that you were exposed to the carcinogen at work and that the exposure caused your specific cancer. Epidemiological evidence showing elevated cancer rates among workers with similar exposures supports causation, as does expert medical testimony explaining the biological relationship between the carcinogen and your cancer type.
Documentation of your workplace exposures strengthens your claim significantly. Employment records, industrial hygiene measurements, and witness testimony about workplace conditions help prove what you were exposed to and at what levels. When employers failed to conduct required monitoring or maintain exposure records, that failure itself suggests dangerous conditions existed.
Workers' Compensation for Occupational Cancer
Workers' compensation covers occupational cancers when you can establish the work-relatedness of your condition. Some states maintain presumption laws for certain workers, particularly firefighters, that assume specific cancers are work-related without requiring individual proof. These presumptions shift the burden to insurers to disprove occupational causation.
Benefits include medical expense coverage for cancer treatment, wage replacement during periods of disability, and death benefits for families of workers who succumb to occupational cancer. However, workers' comp benefits are limited and don't include compensation for pain and suffering or punitive damages against employers who knowingly exposed workers to carcinogens.
Third-Party Liability Claims
Manufacturers of products containing carcinogens may face liability for failing to warn workers of known dangers. These third-party claims operate independently of workers' compensation and allow recovery of full compensatory damages including pain and suffering. When manufacturer conduct was particularly egregious, such as concealing known cancer risks, punitive damages may also be available.
Asbestos litigation has resulted in billions of dollars in recoveries for workers and their families, and similar litigation targets manufacturers of other products containing known carcinogens. These claims require specialized legal knowledge and expert testimony, but they can provide substantially greater compensation than workers' compensation alone.