When Ohio workers sustain injuries in the workplace, they can file a claim and most likely receive workers' compensation benefits. But what about when a non-smoker is constantly exposed to tobacco smoke in the workplace? Depending on the circumstances, benefits may be available, but the employee will have to prove that the exposure caused a medical condition or worsened an existing one.
Smoking in public has become a hot topic, and as such, there is debate about the effects of secondhand smoke in the workplace. Workers' compensation now recognizes environmental tobacco smoke as a covered health condition. The smoke inhaled in a secondhand manner is considered to be just as dangerous as the smoke inhaled by the smoker. Both inhale the same toxins, just at different concentrations.
Exposure to environmental tobacco smoke is now considered an accidental injury and is subject to benefits and special accommodation by the employer. The ability to receive benefits depends on several factors, such as sensitivity to smoke, the amount of exposure, diagnosis of medical condition and the link between the smoke exposure and the person's medical condition. The person must have been forced to share a working environment with smokers and must be able to prove that he or she received little exposure outside of the workplace.
Workers' compensation claims - particularly ones involving tobacco smoke exposure - can be challenging to support. Sufficient evidence is necessary in order to convince the state workers' compensation agency that tobacco smoke specifically caused the claimant's injuries. It may be a good idea to contact an experienced workers' compensation attorney for legal advice.
Source: FindLaw, "Smoking in the Workplace and Workers' Compensation," accessed Jan. 18, 2015
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