Learn if you’re at risk of lead poisoning at work and how to maximize your workers’ comp benefits in Charlotte
If you’ve been diagnosed with lead poisoning in North Carolina and suspect your symptoms may be tied to a workplace exposure—you’re not alone. Lead is still widely used in many industries, from battery manufacturing and metal smelting to construction, plumbing, and even aviation.
While regulations have successfully reduced exposure in recent decades, thousands of workers remain at risk, especially in jobs that involve handling lead-containing materials or working in older buildings with lead-based paint or pipes.
In this article, we’ll explain which workers face the highest risk of lead poisoning, your rights under North Carolina workers’ compensation law, and the potential roadblocks you may encounter.
If you have individual questions about occupational lead poisoning or need help filing a workers’ comp claim after lead exposure at work, schedule a free consultation with our experienced Charlotte workers’ compensation attorneys.
What jobs commonly expose workers to lead?
While construction and battery recycling are especially high-risk fields, lead exposure is a serious concern in a variety of industries, including manufacturing, transportation, environmental remediation, and even certain recreation jobs.
Below are some of the most common occupations that put workers at risk of lead poisoning and exposure:
- Construction and renovation workers face exposure risks when demolishing or repairing structures built before 1978 that contain old lead-based paint, pipes, or plumbing systems.
- Employees in metal smelting and foundries can be exposed to lead while handling molten metal or refining lead materials.
- Firefighters and first responders may encounter lead exposure when responding to fires or emergencies in older buildings with lead-based paint, pipes, or debris.
- Workers in battery manufacturing and recycling are often exposed to lead, especially in facilities that handle lead-acid batteries.
- Plumbers and pipefitters may be exposed to lead, particularly when working in older buildings with lead service lines.
- Automotive repair technicians may encounter lead during brake and radiator work involving older, lead-containing components.
- Painters, sandblasters, and coating removal specialists are at risk when working on bridges, water towers, or historic buildings coated with lead-based materials.
- Ammunition manufacturers and shooting range employees can inhale airborne lead particles from bullets and dust.
- Pottery workers and glassmakers risk exposure when working with glazes or paints that contain lead compounds.
- Environmental remediation crews may be exposed to lead while cleaning up contaminated soil or buildings.
- Aviation workers can encounter lead through handling or exposure to leaded aviation fuel used in piston-engine aircraft.
Because lead dust and fumes are often invisible, many workers don’t realize they’re being exposed. If you work in any of these industries and suspect lead exposure, it’s important to talk to a doctor and consider your right to workers’ compensation.
What does NC workers’ comp cover?
Most North Carolina employers are required to have workers’ comp insurance for their employees, which provides injured workers with medical benefits, wage loss benefits (indemnity benefits), and more. Both injuries and occupational illnesses (like lead poisoning) are covered as long as the condition arose out of and in the course of employment.
Under §97-53 of the North Carolina Workers’ Compensation Act, lead poisoning is specifically listed as a compensable occupational disease. However, there are a couple of important conditions:
- You must have been exposed to lead on the job for at least 30 days within the past 12 months, and
- Only the employer at the last workplace where you were significantly exposed to lead will be responsible for your claim.
Workers’ compensation is a type of no-fault insurance, meaning you don’t have to prove your employer is responsible for your lead exposure to get benefits. However, you do need to prove that your lead exposure happened at work.
Because proving exposure can be challenging, it’s a good idea to speak with a knowledgeable North Carolina workers’ compensation attorney who understands the best way to approach workers’ comp claims for occupational diseases like lead poisoning.
What Workers’ Compensation Benefits Are Available in North Carolina?
Learn about the 4 types of workers’ comp benefits for injured workers and their families
How do I prove my lead poisoning was caused by my job?
If you suspect your lead poisoning is work-related, the following types of evidence can help build your case:
Medical records:
- Blood lead level test results.
- Detailed medical records of symptoms and progression by an employer-approved doctor.
- Evaluations from occupational health specialists.
Workplace exposure documents:
- Obtain OSHA records (if available).
- Collect employer-maintained lead exposure monitoring records.
- Document your job duties and materials handled.
Witness testimony:
- Gather statements from coworkers about lead exposure.
- Seek expert testimony from industrial hygienists or toxicologists.
Environmental testing:
- Explore the possibility of workplace lead level testing.
If your employer denies your workers’ comp claim, don’t give up before you seek legal help. A work injury lawyer can help you appeal a denied claim by gathering all necessary evidence, connecting you with medical and vocational experts, and negotiating on your behalf to maximize your benefits.
How long do I have to file a workers’ comp claim for lead poisoning in North Carolina?
If you’ve developed lead poisoning due to your job in North Carolina, it’s crucial to be aware of the specific deadlines for reporting and filing a workers’ comp claim:
- Reporting to your employer. You must notify your employer of your lead poisoning within 30 days of being diagnosed or becoming aware that your condition is work-related.
- Filing a claim. You have 2 years from the date of disability or diagnosis to file a workers’ compensation claim with the North Carolina Industrial Commission. For occupational diseases like lead poisoning, this two-year period typically begins when a competent medical authority informs you that you have lead poisoning and that it may be related to your employment.
To officially initiate your claim, you should complete and submit Form 18 to the North Carolina Industrial Commission. This form serves as your formal notice of injury and claim for compensation.
Can I sue my employer for lead exposure?
If you were exposed to lead at work and believe it was your employer’s fault, you may be wondering if you can sue. For example, maybe your employer didn’t fix a broken air filtration system, or they didn’t provide you with the required personal protective equipment (PPE).
Unfortunately, in most cases, you cannot sue your employer for lead exposure if you are covered by workers’ compensation.
That’s because North Carolina’s workers’ comp system is designed as an exclusive remedy—meaning if you’re classified as an employee and your injury or illness is work-related, you generally give up the right to sue in exchange for receiving workers’ comp benefits.
However, if you’re an independent contractor (not an employee), you’re not eligible for workers’ comp. If that situation applies to you, filing a lawsuit might be your best option to seek compensation for medical costs, lost wages, and other damages related to lead exposure.
If you’re unsure whether you’re eligible for workers’ comp or have a valid claim against your employer or a third party, talking with a local North Carolina work injury attorney can be helpful for understanding your rights.
Need help with a workers’ comp claim for lead exposure in North Carolina?
At Wilder Pantazis Law Group, we know how overwhelming it can be to deal with a serious occupational illness like lead poisoning, especially when your employer tries to deny you the benefits you’re owed.
With more than 85 years of experience representing injured workers throughout North and South Carolina, our team is here to answer your questions, protect your rights, and fight for the compensation you deserve.
Don’t try to take on the system alone—contact us today for a free consultation and let our Charlotte work injury attorneys get to work for you.