my employer used a product that i was deathly allergic too I left him a note saying so but he used it anyways and when i came to work the fumes caused me to have a severe allergic reation and ended up in the emergency room. now im fired. do i have a case?
2006-08-12 12:10:58 · 8 answers · asked by missbhven1 2 in Health ➔ Other - Health
i hope so. do you have a copy of the note and proof you gave it to him
2006-08-12 12:13:51 · answer #1 · answered by Katie 4 · 0⤊ 0⤋
you should send the employer a copy of your emergency room bill and ask them to reimburse you. Send it by certified mail, return receipt.. Be sure you put in a letter to them the reason why you ended up in the emergency room. If the insurance paid for part of it then only ask the employer for the balance that you had to pay out of pocket. If they don't reimburse you then take it to court. I presume that on the emergency room statement it states that you came in because of an alergy. And I presume that someone was around when you said to your boss not to use that product. You would have to bring that person and the statement to court when you take this in front of a judge by yourself. You would take it to "small claims" court. If you can't prove it, or you have to fudge a little, then don't even take it to court or you'll lose and maybe might get fined yourelf.
2006-08-12 12:17:19 · answer #2 · answered by sophieb 7 · 0⤊ 0⤋
Why are you fired? For going to the ER? You have to notify an employer in writing of any medical issue that puts your or another employee in danger in the workplace. If you do this he CANNOT use a chemical if you are chemical sensitive. You could sue if you informed him properly. If he fired you for another reason, you may be able to prove that he fired you or retaliated against you because you filed a complaint. Call a lawyer. A disability lawyer.
2006-08-12 12:20:26 · answer #3 · answered by Debi 3 · 0⤊ 0⤋
Different states have different laws regarding job termination. New Jersey, where I live, is an "at risk" state, so you can be canned for no reason at all and have no recourse. Workers Compensation should cover your medical bills.
Call a few lawyers for free consultations -- they won't take a case unless there's a good chance of getting paid, because they usually don't charge unless you win.
2006-08-12 12:36:48 · answer #4 · answered by HearKat 7 · 0⤊ 0⤋
Maybe, but... what you have a case for is the creation of an unsafe work enviroment.
Talk to OSHA and a lawyer and the feds will be all up in his junk.
2006-08-12 12:16:19 · answer #5 · answered by ***** 6 · 1⤊ 0⤋
Check with your local OSHA (Fed), and/or your State worker's compsensation office. If you have a case, they'll be able to tell you how to proceed, or who to contact.
2006-08-12 12:33:18 · answer #6 · answered by jagfanantic 3 · 0⤊ 0⤋
yes and if you can prove you left a note and you two had a conversation call your local labor board and file your claim there good luck
2006-08-12 12:16:12 · answer #7 · answered by oceanlady580 5 · 0⤊ 0⤋
Yup, so wrong!
2006-08-12 12:17:16 · answer #8 · answered by FairyGurl 3 · 0⤊ 0⤋