Coughing, sneezing, congestion, fatigue, swelling, hives, and anaphylaxis? Sounds like an allergic reaction. Allergies are the body’s negative response to particular substances, most commonly: drugs, food, insects, materials, mold, animals, and plants. With such an array of potential triggers and such a vast diversity of work environments, the risk of an allergic reaction on the job is more common than many realize. For those who suffer from workplace-induced allergies, the impact can be significant, affecting both health and productivity. So, is this covered under workers’ compensation? It depends.
Food Allergies
Food allergies can range from mild to life threatening depending on the body’s response toward certain foods. Despite the potential severity of the reaction, workers’ compensation is not always applicable for allergic reactions to food eaten at the workplace.
For example, if you pack your own lunch and accidentally put peanut butter on your sandwich—forgetting you are allergic to peanuts—that would not be covered under workers’ compensation. If your employer, however, is aware of your food allergy and orders food for an employee lunch that triggers your allergic reaction, you could be eligible for worker’s compensation benefits.
Chemical Allergies
Whether it’s latex, aerosols, or cleaning agents, potentially allergy-triggering chemicals can be found in almost any work environment. Depending on how the employee came in contact with the substance, the related illness could be covered under workers’ compensation. For example, if your work requires the handling of caustic chemicals that cause allergic reactions when in contact, you potentially have a case.
Plant and Animal Allergies
Plant and animal allergies, while less commonly found in everyone’s workplace, are still very real threats for agricultural workers, landscape professionals, and other wildlife specialists. As with the cases above, an employee can potentially receive workers’ compensation for an allergic reaction if it occurred at work and was the direct result of a work-related activity. For example, if you are required to work outside in an area that has plants such as poison ivy or poison oak and suffer from a severe allergic reaction, you potentially have a case.
In the above examples, all of the incidents are directly caused by work-related responsibilities which puts you in a good position to be eligible for workers’ compensation benefits. If you are unsure whether or not your injury is covered, your best course of action is to reach out to an experienced workers’ compensation attorney. At Poirier Law Firm, we are experts in all types of workplace injuries and can provide direction and advice as to how to best proceed with filing a claim for worker’s compensation if you have suffered from an on-the-job allergic reaction. Contact us today.
Source: https://aafa.org/allergies/