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Old 01-09-2015, 03:00 PM   #1 (permalink)
Junior Member
Join Date: Jan 2015
Posts: 1
Occupational Asthma

I work at an allergy source materials plant in Idaho and am getting allergy shots paid for by the company. The doctor has diagnosed me with asthma due to the work environment and suggested i been removed from that particular area. I was immediately was placed on administrative leave for two weeks until my doctor submits a more detailed job restriction. I filed a report of injury but don't know whats next. Im thinking the worst of course and presuming that ill be let go because they won't be able to fit me anywhere. Im know my work experience was in the construction field but know i can't return to that career with the same pay. Anything I can do legally? Doctor said Ill be affected with this for the rest of my life, which makes me a bit upset. In theory the provided PPE works but have no clue if it completely was effective. UPDATE: Returned to work doing the same job. I have to return to the doctor in six weeks to see if Im doing any better. The doctor asked me what i wanted to do and i said i wanted to work.. so he wrote a letter saying if I'm not better in six weeks than i need to see another doctor.
Skiptloo2015 is offline  
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Old 01-12-2015, 12:26 PM   #2 (permalink)
Join Date: Apr 2014
Location: San Jose, CA
Posts: 98
Asthma at Work

FMLA, which applies to employers with 50 or more employees, provides 12 weeks of job-protected leave to qualified employees. Many people take a single extended leave of absence for up to 12 weeks. FMLA also allows for medical leave for planned medical appointments or treatment. Even if you have used all your sick days, FMLA allows additional time off without having to worry about losing your job. Your benefits and insurance will continue.

The ADA allows you to ask your work for better working conditions that would allow you to work in the work conditions and employers must take the steps to ensure you are accomodated.

If your doctor determines that the accodomations made by your work will not fix the problem, you are entitled to sick leave and you must understand what benefits are available. These may include short- or long-term disability, Social Security Disability, and COBRA for the continuation of your health insurance
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Old 01-21-2015, 10:29 AM   #3 (permalink)
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Join Date: Oct 2012
Posts: 326
I think you have a lot of legal remedies, particularly if the asthma was caused by the work environment.

I really think you should talk to an employment/personal injury attorney in Idaho. You can use the Idaho Bar Association or a free attorney matching service like http://www.legalmatch.com/ to find an attorney.

As an FYI this is an article explaining ADA accommodation laws. http://www.legalmatch.com/law-librar...n-lawyers.html
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