Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

CALL US NOW

5-Star Google Rating•BBB Rating: A+•West Virginia State Bar•The United States District Courts for the Northern and Southern Districts of West Virginia•The Fourth Circuit Court of Appeals•The United States Supreme Court•American Association for Justice•Opioid Justice Team•Trial Lawyers Care•West Virginia Association for Justice•5-Star Google Rating•BBB Rating: A+•West Virginia State Bar•The United States District Courts for the Northern and Southern Districts of West Virginia•The Fourth Circuit Court of Appeals•The United States Supreme Court•American Association for Justice•Opioid Justice Team•Trial Lawyers Care•West Virginia Association for Justice

Fracking Hydraulic Fracturing Worker Exposure Lawyer in Boaz

Worker Health Advocacy

Guide to TENORM Exposure Claims

TENORM (Technologically Enhanced Naturally Occurring Radioactive Material) can be a serious workplace hazard when it is disturbed during hydraulic fracturing and related energy industry activities. Workers involved with drilling, flowback management, wastewater handling, and produced-sand management can encounter TENORM through dust, contaminated equipment, and waste streams. In Boaz and greater Wood County, West Virginia, people who handle or are near materials with elevated radioactivity may experience short- and long-term health concerns, and they may face complex legal, medical, and regulatory questions. If you believe TENORM exposure at work has harmed you, understanding the legal paths to compensation and recovery is an important first step.

Early documentation and timely action are essential when pursuing claims tied to workplace exposure to TENORM from fracking activities. Medical testing, workplace records, incident reports, and chain-of-custody for contaminated materials all help build a claim, while state and federal reporting requirements may affect deadlines and available remedies. In West Virginia, injured workers and their families sometimes pursue civil claims in addition to workers’ compensation avenues, depending on who is responsible and how the exposure occurred. Gathering evidence and pursuing the right legal approach promptly can preserve options for recovery of medical costs, lost wages, and other damages.

Why Addressing TENORM Exposure Matters

Addressing TENORM exposure promptly matters because radiation-related contamination can lead to progressive health effects and long-term medical needs that may not appear immediately. Legal action can secure access to medical monitoring, compensation for past and future healthcare expenses, lost income, and assistance with remediation of contaminated personal property. Pursuing legal remedies also helps hold responsible parties accountable and can contribute to improved workplace safety practices that reduce risks for other workers. While the path forward often involves cooperation with medical providers and environmental specialists, a coordinated legal response can protect rights and help ensure workers and families receive resources for recovery and planning.

Stephen New & Associates — Representation and Record

Stephen New & Associates is a personal injury law firm serving Beckley, Boaz, and communities across West Virginia, focusing on claims that include workplace injuries, catastrophic physical harm, and exposure-related illnesses. The firm represents clients in a range of matters such as motor vehicle collisions, medical negligence, workplace accidents, and claims arising from hazardous exposures like TENORM. We handle investigations, coordinate medical and environmental evaluations, and pursue recovery through negotiation and litigation when necessary. The goal is to secure meaningful results that address medical needs, lost income, and other losses while providing clear communication to clients throughout the process.

Understanding TENORM from Fracking Work

TENORM refers to naturally occurring radioactive materials whose concentration or surroundings have been altered by industrial activity, making them more likely to present a hazard. In the fracking context, TENORM can concentrate in produced water, scale, pipe sludge, and waste solids that accumulate during extraction and processing. Workers may encounter these materials during routine operations such as equipment maintenance, waste handling, disposal, and transportation. Recognizing which tasks and materials pose risk is essential for documenting exposure, identifying potential defendants, and obtaining the medical and environmental testing that can underpin a legal claim for damages or monitoring.

Routes of exposure include inhalation of dust, ingestion of contaminated materials, and skin contact through cuts or prolonged contact with contaminated equipment or clothing. Symptoms may be nonspecific at first and could emerge over months or years, so medical monitoring and baseline testing are important to establish a link between occupational exposure and later illness. Addressing workplace practices, personal protective equipment, and records of handling and disposal can support a claim. Legal proceedings often require combining medical evidence, industrial hygiene assessments, and workplace records to show causation and responsibility for exposure-related harm.

Need More Information?

Key Terms and Glossary

TENORM (Technologically Enhanced Naturally Occurring Radioactive Material)

TENORM describes materials that contain naturally occurring radioactive elements such as radium, uranium, or thorium but whose concentration or exposure risk has been altered by human industrial activity. In oil and gas operations, TENORM commonly accumulates in scale, sludge, and produced fluids, creating materials with higher radioactivity than background levels. Understanding what constitutes TENORM helps clarify which wastes require special handling and which exposures may form the basis of legal claims. For workers and communities, identifying TENORM often requires radiological testing and environmental assessment to determine contamination levels and potential health risks.

Flowback and Produced Water

Flowback refers to the fluid that returns to the surface immediately after hydraulic fracturing, while produced water is the liquid that comes up alongside oil and gas during continued production. Both streams can contain dissolved minerals and concentrated radioactive elements that were previously dispersed underground. Handling, storage, treatment, and disposal of these waters can create exposure pathways for workers and nearby residents if controls fail. Identifying the presence of radioactivity in flowback and produced water is a key step in assessing TENORM risk and determining who bears responsibility for safe management and any resulting harm.

Radiological Monitoring and Survey

Radiological monitoring involves measuring levels of ionizing radiation with specialized instruments to determine whether materials, surfaces, or environments exceed safe thresholds. Surveys can include direct measurements on equipment, soil sampling, and air monitoring to detect contamination and inform cleanup plans. For legal matters, monitoring records and survey reports document conditions at specific times and can help establish exposure, link sources to harm, and guide remedial actions. Professional environmental or health physics assessments often accompany claims to quantify contamination and recommend medical monitoring where appropriate.

Chain of Custody

Chain of custody refers to the documented tracking of physical evidence—from its collection through transport and storage to laboratory analysis—to ensure samples remain uncontaminated and admissible in legal proceedings. Proper chain of custody for TENORM samples is essential when using environmental or material tests to support claims, because contested results can hinge on whether evidence was handled and documented according to accepted protocols. Maintaining detailed records, witness statements, and secure storage of samples helps preserve the probative value of testing and supports reliable conclusions about exposure and contamination.

PRO TIPS

Document Every Exposure Incident

When you suspect exposure to TENORM at work, create a detailed contemporaneous record of what happened, including dates, tasks, equipment used, and names of witnesses. Preserve any contaminated clothing and avoid laundering it without notifying medical or investigative personnel, because garments can provide important evidence of contamination. Prompt documentation and preservation of physical evidence help establish timelines and support claims for medical care and compensation as the situation develops.

Seek Medical Testing and Baseline Records

Obtain medical evaluation and testing that address potential radiological exposure and related health effects, and make sure to keep copies of all medical records and test results. If possible, secure baseline health information and follow-up monitoring to document any changes over time, since many exposure-related conditions develop gradually. Timely medical documentation strengthens any legal claim by connecting workplace events to subsequent health outcomes and care needs.

Preserve Workplace Records and Communications

Collect and safeguard work schedules, incident reports, maintenance logs, safety data sheets, and communications that reference handling or disposal procedures for produced water and waste materials. Photographs of work areas, equipment, and any visible contamination taken as soon as it is safe to do so can be especially valuable. These records and images help reconstruct how exposure occurred and identify potential responsible parties or contractors involved in handling hazardous materials.

Comparing Legal Options for TENORM Claims

When a Thorough Legal Approach Is Appropriate:

Extent of Exposure and Medical Uncertainty

A thorough legal approach is often needed when exposure was significant, multiple sources could be responsible, or medical conditions are evolving and not immediately diagnosable. These cases require coordinated collection of environmental data, medical documentation, and workplace records to establish causation and future care needs. Robust investigation and preparation help ensure that claims reflect long-term costs and the full scope of impact on the worker and family.

Multiple Potentially Responsible Parties

When contractors, operators, waste handlers, and equipment suppliers might all bear some responsibility, a detailed legal strategy is required to identify and pursue the correct defendants. Complex liability scenarios call for discovery, expert analysis, and careful negotiation to allocate fault and damages appropriately. A comprehensive approach helps ensure that all responsible entities are evaluated, and that recovery options consider joint and several liability where applicable.

When a Limited Approach May Be Enough:

Isolated Low-Level Exposure

A more limited legal response can be appropriate when exposure was isolated, contamination levels were low, and medical follow-up is straightforward with a clear prognosis. In those situations, focused documentation, immediate medical care, and targeted negotiations with an employer or insurer can resolve matters without protracted litigation. The emphasis is on efficiently securing medical treatment, wage replacement, and remediation of any remaining contamination.

Clear Liability and Prompt Settlement

If workplace records and witness accounts clearly show negligence and the employer or insurer is willing to negotiate fairly, pursuing a limited claim may quickly secure compensation for medical bills and lost wages. These cases still require careful documentation and medical records to support settlement demands, but they typically do not need lengthy discovery or expert environmental studies. A streamlined path focuses on practical outcomes that address the worker’s immediate needs.

Common Situations That Lead to TENORM Claims

Site Workers and Drilling Crews

Workers on drilling sites and crews involved in maintenance and equipment repair frequently handle pipes, tanks, and scale where TENORM accumulates, and prolonged contact or inadequate controls can result in significant contamination. When handling, cleaning, or transporting affected materials without full protective measures or monitoring, these employees can face ongoing exposure risks that may require both medical attention and legal remedy.

Transport and Disposal Personnel

Personnel who load, transport, and dispose of produced water, sludges, and scale can encounter concentrated TENORM if waste streams are not managed properly or if containment fails during transit. Improper labeling, insufficient training, or subcontractor errors may create exposure events that affect drivers, landfill workers, and others who handle these wastes.

Nearby Community Members

Residents living near disposal sites, storage facilities, or informal dumping areas can be affected by airborne dust, contaminated water, or soil contamination linked to TENORM, leading to community-level health concerns and property impacts. In these situations, documenting property tests, medical reports, and local environmental agency findings is important for pursuing collective or individual claims.

Boaz TENORM Injury Attorney

Why Choose Stephen New & Associates for TENORM Claims

Stephen New & Associates brings local knowledge of West Virginia courts, workplace regulations, and energy industry practices to serious exposure claims. The firm has experience investigating workplace incidents, coordinating environmental and medical evaluations, and negotiating with insurers and responsible parties to seek meaningful recovery. Clients receive attention to the factual details of their case, guidance through complex documentation needs, and a focus on securing medical care and compensation that reflects both current and projected needs arising from exposure-related harm.

Communication and accessibility are priorities when handling sensitive exposure matters that affect health and family stability. We help clients understand legal options, statutory timelines, and how evidence is gathered while assisting with medical referrals, records management, and claims strategy. Prospective clients can contact the firm for a consultation to discuss the circumstances of their exposure, potential avenues for recovery, and practical steps to protect their rights and health during the process.

Contact Us About Your TENORM Exposure

People Also Search For

TENORM fracking exposure

fracking worker radiation exposure

TENORM contamination West Virginia

fracking injury lawyer Boaz

hydraulic fracturing radiation claims

oilfield worker TENORM

wastewater TENORM contamination

TENORM legal claims WV

FAQS

What is TENORM and how can I be exposed at a fracking site?

TENORM stands for Technologically Enhanced Naturally Occurring Radioactive Material and occurs when naturally present radioactive elements become concentrated or exposed through industrial processes such as drilling and hydraulic fracturing. In fracking operations, TENORM can accumulate in produced water, pipe scale, sludge, and solid wastes, and workers may encounter it when handling equipment, cleaning piping, performing maintenance, or managing waste. Exposure may occur through inhalation of contaminated dust, skin contact with contaminated materials, or accidental ingestion, and establishing the pathway and timing of exposure is important for medical and legal reasons. Determining whether TENORM is present typically requires radiological testing by qualified personnel, as visual inspection alone is insufficient. Documenting the circumstances, preserving contaminated clothing and equipment when safe to do so, and obtaining contemporaneous workplace records and witness statements all support a later claim. Early coordination between medical providers, environmental assessors, and legal counsel helps secure relevant testing and evidence while protecting health and legal options.

What health symptoms should I watch for after possible TENORM exposure?

Symptoms following TENORM exposure can vary depending on the radionuclide involved, dose, and route of exposure, and some effects may not appear immediately. Short-term reactions might include irritation or nonspecific symptoms, whereas long-term consequences can include conditions that develop over months or years, so ongoing medical follow-up is important. Healthcare providers can recommend appropriate testing and monitoring tailored to the exposure history and potential contaminants involved. Because symptoms can be delayed or nonspecific, keeping detailed records of workplace tasks, protective measures used, and any incidents is essential to show a potential connection between exposure and later health changes. Medical records that include baseline assessments, diagnostic testing, and periodic monitoring provide a foundation for both care and any legal claim that links occupational exposure to health outcomes.

What types of evidence are important in a TENORM exposure claim?

Important evidence in a TENORM exposure claim includes workplace logs, incident reports, photos of equipment and conditions, maintenance and disposal records, and any communication that references waste handling or safety measures. Physical evidence such as contaminated clothing, tools, or samples of solids and liquids can also be crucial, provided that chain-of-custody procedures are documented for laboratory analysis. Together, these items help reconstruct exposure events and identify responsible parties. Medical documentation is equally important: records of visits, testing results, specialist evaluations, and recommended monitoring plans support the link between workplace events and health outcomes. Environmental testing by qualified professionals that measures radioactivity levels in waste streams, surfaces, soil, or air at relevant times can corroborate exposure and quantify risk, strengthening the factual basis of a claim.

Can I pursue a claim if my employer has workers' compensation coverage?

Workers’ compensation provides important benefits for many workplace injuries and illnesses, including medical care and wage replacement, but it may not fully address all losses stemming from TENORM exposure. In some circumstances, injured workers or their families may have additional civil claims against third parties such as contractors, equipment manufacturers, waste handlers, or property owners whose negligence contributed to exposure. The availability of civil remedies depends on the specific facts, contracts, and negligence involved in each case. Evaluating potential claims alongside workers’ compensation often requires careful analysis of employment relationships, contractor arrangements, and safety practices. Gathering evidence early and discussing options with counsel can clarify whether pursuing additional claims is appropriate and how best to coordinate remedies from multiple avenues without jeopardizing workers’ compensation benefits.

How soon should I seek medical testing after suspected exposure?

Seeking medical testing as soon as possible after suspected TENORM exposure is important to document any acute effects and to establish baseline health information for future monitoring. Early testing may include physical exams, lab work, and targeted diagnostics determined by a physician familiar with occupational exposures. Timely medical attention also helps ensure that appropriate records exist to connect the exposure event to later health issues if they develop. Even if immediate symptoms are absent, follow-up monitoring is often recommended because some radiation-related conditions can emerge over time. Maintaining complete medical records, including dates, test results, and provider notes, strengthens both ongoing care and any legal claims that rely on a clear medical timeline linking exposure to subsequent diagnoses or treatments.

Who can be held responsible for TENORM contamination or exposure?

Responsibility for TENORM contamination or exposure can rest with a range of parties depending on who controlled operations, handled wastes, or failed to implement reasonable safeguards. Potentially responsible defendants include well operators, drilling contractors, waste transporters, disposal facility operators, and manufacturers of equipment if defects in design or warnings contributed to exposure. Identifying the appropriate parties requires investigation of contracts, operations, and waste-handling practices at the time of exposure. Legal liability often hinges on proving negligence or statutory violations tied to handling, storage, and disposal of TENORM, and that such conduct caused harm. Detailed document review, witness interviews, and environmental testing help attribute responsibility and determine which entities should be named in a claim to seek recovery of medical, economic, and non-economic losses.

Will environmental testing and monitoring help my legal claim?

Environmental testing and professional monitoring are central to substantiating a TENORM claim because they quantify contamination levels and identify specific radionuclides present in materials, soil, or air. Tests performed by qualified laboratories using accepted procedures provide objective data that can be used to show hazardous conditions, correlate exposure events with contamination, and guide remedial actions. Accurate testing and repeat measurements over time can also support claims for ongoing monitoring and future medical care. Careful chain-of-custody and documentation practices for sample collection and transport are necessary for testing to be persuasive in legal proceedings. Coordinating environmental assessment with legal strategy ensures that sampling focuses on the most relevant materials and locations and that results are preserved in a manner suitable for use in negotiations or litigation.

What legal remedies are available for TENORM exposure victims?

Remedies for TENORM exposure victims may include compensation for past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and property decontamination or diminution in value. In some cases, claims can also seek funding for medical monitoring programs to detect late-emerging conditions. The appropriate remedies depend on the severity of exposure, the injuries that resulted, and who is found responsible for the hazardous conditions. In addition to monetary compensation, legal actions can prompt corrective measures at worksites or waste facilities, reduce ongoing risks for other workers, and encourage adherence to safer handling and disposal practices. Each case requires evaluation of the full range of losses and potential legal theories to determine the most effective combination of remedies for the injured person and their family.

How long does it take to resolve a TENORM exposure case?

The timeline for resolving a TENORM exposure case varies widely and depends on factors such as the complexity of liability, the need for environmental and medical expert analysis, discovery timelines, and the willingness of defendants to negotiate. Some cases resolve through settlement after focused investigation, while others proceed to protracted litigation, which can extend for months or years. The specific medical trajectory of the injured party can also affect timing because claims often account for anticipated future treatment and monitoring. Patience and thorough preparation are important, and many clients find it helpful to have regular updates on progress, anticipated milestones, and settlement considerations. Early investigation and well-documented evidence typically increase the likelihood of achieving timely, fair resolution; however, where liability is contested or long-term health outcomes are uncertain, a longer timeline may be necessary to secure appropriate compensation.

What should I do immediately if I suspect I was exposed to TENORM on the job?

If you suspect on-the-job exposure to TENORM, prioritize your health by seeking medical evaluation and informing your employer or supervisor of the incident so proper incident reports can be generated. Preserve any clothing, tools, or other materials that may be contaminated without cleaning them, and, where safe and appropriate, photograph the scene and conditions that could have contributed to exposure. Accurate and prompt documentation supports both medical care and later claims. Request copies of all workplace incident reports, schedules, and maintenance records that relate to the event, and note the names of coworkers or supervisors who witnessed the exposure. Early coordination with a legal representative can help ensure tests and evidence are preserved, that necessary environmental sampling is requested, and that your rights and benefits are protected as you pursue medical care and any claims for recovery.

All Services in

Explore our complete legal services