Montana Workers’ Compensation for Lead Exposure & Poisoning

Learn about your right to workers’ comp benefits after lead exposure at work in Great Falls and how to maximize your compensation

Lead exposure remains a serious risk for many workers in Great Falls, Montana, especially those in industries like construction, manufacturing, and auto repair. Prolonged lead exposure can cause serious health issues with slow-developing symptoms, so if you work in an industry where lead is present, it’s crucial to know the warning signs so you can protect your health.

This article covers high-risk occupations, the signs of lead exposure, the long-term health impacts, and the steps to file a workers’ compensation claim if you’re affected. We’ll also explain your right to ongoing medical care and wage loss benefits if lead exposure impacts your ability to work.

What is lead poisoning?

Lead poisoning happens when lead accumulates in the body over time, usually after prolonged exposure to lead-contaminated materials, often taking months or even years to develop. It can affect almost every organ and system in the body, particularly the brain and nervous system.

Lead poisoning is especially harmful to children, as their developing brains are more vulnerable to the toxic effects.

What are the main symptoms of working with lead?

Lead poisoning, especially when exposure is gradual, can be insidious, often masquerading as other health issues. Some of the most commonly reported symptoms include:

Gastrointestinal issues. These often manifest as persistent abdominal pain, often described as cramping, accompanied by constipation or diarrhea. Nausea, vomiting, and a metallic taste in the mouth can also occur, leading to appetite loss and subsequent weight loss.
Neurological symptoms. These are particularly concerning and can include persistent headaches, difficulty concentrating or focusing, memory problems, and mood swings or irritability. In more severe cases, peripheral neuropathy (numbness and pain in hands and feet from nerve damage), seizures, convulsions, encephalopathy (brain swelling), coma, and even death can occur.
Musculoskeletal complaints. Many individuals experience muscle and joint pain, often generalized and difficult to pinpoint. Weakness or fatigue is also common, impacting daily activities and quality of life.

High blood pressure. Elevated blood pressure is a significant concern associated with lead exposure, even at relatively low levels. This increases the risk of heart disease and stroke.
Impaired kidney function. Lead can damage the kidneys, impacting their ability to filter waste products from the blood. In the early stages, this might be asymptomatic, but over time, it can progress to chronic kidney disease.
Reproductive issues. Both men and women can experience fertility challenges due to lead exposure. In men, this may present as decreased sperm count or abnormal sperm morphology. Pregnant women face risks of miscarriage, stillbirth, or premature birth.

It’s crucial to note that many individuals with lead poisoning may not exhibit any overt symptoms, especially in the early stages. This makes it essential to be aware of potential exposures and seek a medical evaluation if concerns arise. Early detection and intervention are key to minimizing the long-term consequences of lead poisoning.

Is there a way to reverse lead poisoning?

Lead poisoning isn’t always fully reversible, but early detection and treatment can help minimize its effects. Treatment typically involves chelation therapy, which helps remove lead from the body. Increasing calcium, iron, and vitamin C intake can also reduce lead absorption in some cases.

While treatment can alleviate symptoms, severe cases may result in permanent damage to the nervous system and other organs. Given the potential for irreversible harm, it’s important to seek medical prompt attention if you suspect lead exposure or poisoning.

Which workers are most at risk for lead exposure and poisoning?

Workers in certain industries are at risk of inhaling or ingesting lead particles, which can gradually lead to lead poisoning.

According to the Occupational Safety and Health Administration (OSHA), over 838,000 construction workers and 804,000 workers in other U.S. industries may be exposed to lead through their jobs.

Some of the most at-risk workers include:

Construction workers. Workers involved in renovating, demolishing, and painting older buildings (built before 1978) are at high risk due to lead-based paint, dust, and pipes. Those working on bridges, highways, or other infrastructure may also be exposed to lead from materials used in older construction.
Plumbers and pipefitters. Handling old lead pipes and plumbing systems can expose workers to lead particles, especially during repair or replacement projects.
Manufacturing workers. Employees in industries that produce batteries, ammunition, ceramics, or other products containing lead face direct exposure.
Smelting and refining workers. Workers in metal smelting, refining, and foundries are at risk when processing metals that contain lead, as the smelting process can release lead into the air.

Auto repair and recycling workers. These workers may be exposed to lead from car batteries, leaded gasoline residues, and other automotive parts.
Painters and sandblasters. Workers who paint or sandblast old structures or objects may disturb lead-based paint, releasing lead dust and particles into the air.
Welders and cutters. Welding or cutting materials that contain lead, including pipes, metals, or coatings, can cause lead exposure in these workers.
Recycling and waste disposal workers. Workers who handle electronic waste, batteries, or scrap metal can be exposed to lead when recycling or disposing of lead-based materials.

Despite a reduction in the prevalence of elevated adult blood lead levels (BLLs) in recent years, workplace lead exposure remains a significant issue, with approximately 94% of adults with elevated BLLs being exposed at work.

Employers are generally required to implement protective measures like proper ventilation, personal protective equipment, and regular monitoring to minimize lead exposure. Despite these precautions, some workers continue to develop lead poisoning due to their jobs.

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Can I get workers’ comp for lead poisoning in MT?

Yes, you can receive workers’ compensation for lead poisoning in Montana. Most businesses that employ 1 or more full- or part-time employees are required to carry workers’ compensation insurance, though certain exemptions apply.

To qualify, you must be able to prove that your lead poisoning is directly related to your job. This involves showing that lead was present in your workplace and that exposure occurred as part of your job duties. Proving the connection can be challenging, especially since symptoms may develop slowly, but with the right evidence, it’s achievable.

Key evidence includes:

Medical tests confirming elevated lead levels
A doctor’s diagnosis
Workplace safety records or air quality data

For a successful workers’ comp claim, you must be able to demonstrate that your symptoms began during or after your employment and rule out other sources of lead exposure. With strong medical and workplace evidence, you should be able to get workers’ compensation benefits for lead poisoning caused by exposure at work.

What workers’ comp benefits can I get for lead poisoning at work?

If you develop lead poisoning due to workplace exposure in Montana, you may be eligible for several kinds of workers’ compensation benefits, including:

Medical benefits. Covers the cost of medical treatment related to lead poisoning, including doctor visits, hospital care, medications, and any necessary therapies, such as chelation therapy.
Wage replacement benefits. Temporary disability benefits cover a portion of your lost wages (typically two-thirds) while you’re unable to work, and permanent disability benefits may also be available if your condition causes lasting impairment.

Vocational rehabilitation. If you are unable to return to your previous job, these services help you retrain for new employment or find suitable work, given your condition.
Death benefits. In the tragic event of a work-related death due to lead poisoning, workers’ comp provides death benefits to surviving family members. These benefits can help with funeral expenses and provide ongoing financial support to dependents.

These benefits are designed to help workers recover from on-the-job injuries and occupational illnesses, like lead poisoning, by providing no-cost medical care and financial security for workers and their families.

How do I file for workers’ comp for lead exposure and poisoning in MT?

To file for workers’ compensation for lead exposure and poisoning in Montana, follow these steps:

Seek medical help. Visit an employer-approved doctor for a diagnosis and treatment of your lead poisoning. Medical documentation will help establish that your condition is work-related.
Notify your employer. Inform your employer of your lead exposure and poisoning within 30 days of your diagnosis. This step is crucial for preserving your right to file a claim. Informing your employer in writing can help strengthen your claim.
Submit form. Fill out your portion of the First Report of Injury form. Your employer will complete their section and must forward it to their workers’ compensation insurer within 6 days. The insurer will then submit the form to the Montana Department of Labor and Industry (DLI).
Insurance review. The insurer has 30 days to either accept or deny your claim. If the claim is accepted, you will receive benefits for medical treatment, lost wages, and other expenses related to your lead poisoning.

If your workers’ compensation claim is denied, a local Montana attorney can help strengthen your case and guide you through the process of filing an appeal. The time to file an appeal is typically limited to 2 years, so be sure to reach out to an attorney before the statute of limitations expires.

Need help with a workers’ comp claim for lead poisoning in Montana?

If you or a loved one has been affected by lead exposure or poisoning in the workplace, the thought of filing a workers’ compensation claim while dealing with serious health issues can feel overwhelming.

At Murphy Law Firm, our dedicated Great Falls workers’ compensation attorneys have over 75 years of combined experience helping injured workers in Montana secure the benefits they deserve, so you can rest assured your claim will be in capable hands.

Contact Murphy Law Firm today for a free consultation. We’re here to guide you through the process and ensure you receive the full benefits you and your family need to secure your financial future.

References

Lead paint exposure endangers workers on Blue Island bridge project | Occupational Safety and Health Administration. (2015). Osha.gov. https://www.osha.gov/news/newsreleases/region5/02042015-0

Shaffer, R. M., & Gilbert, S. G. (2018). Reducing occupational lead exposures: Strengthened standards for a healthy workforce. NeuroToxicology, 69, 181–186. https://doi.org/10.1016/j.neuro.2017.10.009