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Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

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Old 04-30-2007, 05:05 PM
sparkle4 sparkle4 is offline
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Default Chemical Sensitivity And Workers Compensation
I started a new job 6 months ago cleaning at a hospital. I started having trouble with my sinuses a few weeks after I started. I went to dr. several times she sent me to see a specialist who said there is a good possiblity that the chemicals I use at work are to blame but he can not say for sure but I should stop using them and see if gets better. I asked my boss who gave some Ideas like use a mask, dont use the chemical in the spray bottle, then said if that does not work I will have to decide if I want to keep working there. They have other jobs I could do that I would not have to be around this chemical, but she will not let me do one. I have been really sick for the past 6 months with headach, fatique, sinuse pain and lost a lot of quality time with my family over this. Now she says I have to pick the chemical or my job. I do not know what the laws about this type of thing but it just does not seem right.
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Old 05-01-2007, 08:33 AM
Mr. Knowitall Mr. Knowitall is online now
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Default Re: is this a workmens comp issue??
Can you get your doctor to say something more compellng than "It's a good possibility"? As in, "This is a reaction to the chemicals you use at work"?
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Old 05-01-2007, 01:45 PM
RedT RedT is offline
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Default Re: is this a workmens comp issue??
Your condition may be caused by your work environment but what is your compensable injury? That you are allegic to the chemical? Your job may aggravate ths condition which could be an injury which would make your employer liable for your doctor bills, but perhaps not for indemnity benefits. If you can't work at Company A because of these chemicals you may have no real disability (depending on your state laws) because your allergies aren't causing a permanent impairment and don't effect your ability to work anywhere else.

Also, there is often a time frame for reporting your injury as work related. Now since you have discussed this with your employer, in many states this is good enough to meet the reporting requirement, but did you mention that you thought that you had this work related condition within the time frame applicable to your state law? (you'll need to look into this)

Another question I think you should be ask is more an ADA question: whether you have a disability (a disability is a condition or function judged to be significantly impaired relative to the usual standard of an individual or their group. The term is often used to refer to individual functioning, including physical impairment, sensory impairment, cognitive impairment, intellectual impairment or mental health issue);
and whether the employer can make reasonable accomodations for your condition if it is a disability (which may include adjusting your job duties to keep you away from the chemicals or changing the chemicals <- I have no idea whether this would be a reasonable change for your employer but there must be a ZILLION different cleaner out there- you could recommend whatever you use to clean your house).

Are you looking for WC benefits while you looks for another job or do you just want another job at the same company. The employer is only obligated to make reasonable accomodations for you to keep YOUR job, not to give you a totally different job.

So my answer is Maybe.

Good luck!
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Old 05-01-2007, 06:09 PM
sparkle4 sparkle4 is offline
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Default Re: Chemical Sensitivity And Workers Compensation
My Dr. wrote me a letter and said he thinks I should stop using it. Also the label on the bottle says it causes upper respitory irritation which is what I have. My boss still says she does not think that is what is causing it. I work at a hospital it has a lot of housekeepers most of which never have a problem. I asked her about using a different chemical, she said that is the only one they have.

I am not sure what I expect or what I am entilted to. I have been to the dr. 4 times had three different perscriptions had a cat scan all of which I have to pay 20% of. I spent six months being sick even on christmas I spent the day sleeping. I dont say this because I want compensated for pain and suffering

I think I just want them to 1 admit it. 2 I need some type of income while i find another job I live in michigan where right now no one can find a job. whether or not the income comes from working there away from the chemical or not working there.
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