Workers’ Compensation for Radioactive Exposure Cases

Residents of the U.S. saw headlines this week warning about consuming radioactive shrimp (raise your hand if you didn’t have “radioactive shrimp” on your 2025 Bingo card!). While it sounds like a headline we can make jokes about, it does raise questions about more than just what would happen to you if you happened to eat a radioactive shrimp.

Employers (and workers’ compensation lawyers) are thinking about this differently—they’re considering whether workers’ comp would cover an employee who’s exposed to radioactive material. If shrimp sold for the purpose of eating can be dangerous because of radioactivity, certainly, workers in a variety of industries could be exposed to this hazard, too.

The radioactive shrimp and what they mean for workers’ safety

If you’re a typical lover of shellfish, here’s what you need to know about the shrimp recall: A shipment of shrimp from an Indonesian supplier was contaminated with Cesium-137 (Cs-137), which is a radioactive isotope. This could’ve happened because of unsanitary conditions during processing or packaging.

This recall was issued specifically for shrimp sold under the Walmart Great Value brand.

Health risks from exposure to Cs-137

In this instance, the short-term risk from the detected level of radiation in the affected shrimp was low, about 68?Bq/kg. This is well below the FDA threshold, and there was no immediate health danger. 

However, longer-term repeated low-dose frequency exposure to Cs-137 can increase the risk of cancer because it damages DNA within the living cells of the body. 

In worst-case scenarios of high levels of Cs-137 exposure, it could lead to acute radiation sickness, elevated cancer risk, and death. 

While the general public is not at risk from radiation exposure associated with this event, there could be risks to workers handling this and other products.

1. External radiation (skin burns or high-dose radiation sickness)

   Cs-137 emits gamma radiation, which can penetrate the body, even without direct ingestion. Prolonged external exposure increases cancer risk, particularly leukemia and solid tumors. Workers in close, repeated contact could face higher doses if proper shielding or protective gear is lacking.

2. Internal contamination (ingestion or inhalation)
   
   If a person inhales Cs-137 particles (dust, aerosolized contamination) or ingests them through accidental hand-to-mouth contact, the isotope deposits in their soft tissues, such as muscles and organs. The isotope has a biological half-life of about 70 days in a human, which means it can circulate in the body for months and continue to expose the tissues to radiation. This is linked to bone marrow suppression, organ damage, and higher long-term cancer risk.

   This might also include cross-contamination to skin, clothes, or other food products.

3. Long-term, low-level exposure

   Chronic low-level exposure could still damage DNA over time and raise cancer risk. However, workers should use gloves, masks, and possibly protective clothing during opening, packaging, or disposal of shrimp.

   Facilities should have radiation monitoring systems to detect contamination and guide work procedures. Workers should receive training in radiological safety, which could include hygiene to prevent ingestion or inhalation.

What’s the risk of radiation exposure to workers from other seafood or products?

Seafood and byproducts:

Although radioactive shrimp is making headlines right now, it’s not the only way a worker could be exposed to radiation. 

Radiation can accumulate in marine life—including fish like tuna, cod, and salmon—because radionuclides mimic natural minerals and settle in the food chain. Cs-137 and strontium-90 can accumulate in fish muscle and bones. Workers could be at risk if they handle contaminated fish in large quantities without protective equipment. 

Shellfish (oysters, clams, crabs, lobsters) filter large amounts of water and can bioaccumulate radionuclides. A worker who handles shellfish could be exposed to contamination on shells or in soft tissues, which could result in external exposure for the individual. Improper hygiene could lead to internal ingestion. 

Seaweed and algae and their byproducts could contain concentrations of iodine-131 and cesium isotopes. A worker who harvests, dries, or processes these products could inhale radioactive dust. 

Non-seafood consumer products:

Radioactive contamination could affect workers in other industries. These include:

• Imported goods from contaminated areas, which could include canned foods, teas, or dried seafood snacks.
• Ceramics, glassware, fertilizers sometimes contain naturally occurring radioactive materials (uranium, thorium, potassium-40). Workers who handle bulk imports could face cumulative exposure.
• Medical and industrial products (gauges, luminous dials, X-ray equipment) can carry sealed radioactive sources. If damaged, a worker risks direct radiation burns or inhalation of radioactive dust.

Workers’ compensation and radioactive shrimp exposure

A worker who was exposed to radioactive shrimp (or another radioactive substance) could be eligible for workers’ compensation benefits.

1. General rule for work-related injury or illness

   Typically, workers’ compensation covers injuries and illnesses that arise from or in the course of employment. If a worker is exposed to radioactive shrimp while performing their job duties, a resulting injury or illness would generally be eligible for workers’ compensation benefits. This applies to any toxic exposure in the workplace.

2. Workers’ compensation for occupational illnesses

   Radiation-related illness would typically be classified as an occupational disease, rather than an accident. One basic premise of workers’ compensation law is that the claimant (injured worker) doesn’t need to show that their employer was negligent—they only need to prove that:

   – The exposure happened at work;
   – The condition was caused or aggravated by that exposure; and
   – The illness was not caused by everyday life, genetics, or other factors

   Radiation has been recognized as an occupational disease, with precedent from nuclear plant workers, uranium miners, and medical radiology technicians. 

3. Potential challenges in proving a radioactive illness workers’ compensation claim

   Although it’s possible to receive workers’ compensation benefits for this type of claim, there will be some challenges. The claimant’s workers’ compensation lawyer will need to address these (and other) issues:

   – Causation. If the claimant experienced low-level exposure, it could be difficult to link the illness to work exposure, rather than background “everyday life” radiation.
   – Latency. Many radiation-induced cancers appear years after exposure. Proving the shrimp exposure was the cause could require expert medical testimony.
   – Employer defenses. An employer might argue that the exposure was too minimal to cause harm.

4. Federal vs. state context

   Each state has its own workers’ compensation system and laws, but nearly every state covers radiation-related workplace illness.

   The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) provides additional coverage for nuclear and defense workers. However, this would not apply to shrimp-processing workers (as they are not energy industry employees).

In other words, if measurable harms occurred (like radiation burns, acute sickness, or long-term illness medically linked to exposure), workers’ compensation benefits could cover illness as a result of radiation exposure. Workers’ comp would be unlikely to cover “exposure only” claims in which the worker has not experienced symptoms or measurable injury at the time of the claim.

Do you need a workers’ compensation lawyer if you were exposed to radiation in the workplace?

If you’ve been diagnosed with an illness or injury that could be attributed to radiation exposure, and if you were exposed to radiation while at work, you might be able to make a claim for workers’ compensation benefits. In these types of cases, a workers’ compensation lawyer can be very valuable. Unlike a one-time work accident where you broke a bone or suffered a laceration injury, proving that workplace radiation exposure caused your illness can be tricky. Your lawyer will provide evidence, medical experts, and other information necessary to help you receive the maximum possible amount of benefits for your claim.