Severe Allergies At Work, Forced To Take Lower Paying Job

Definitely a workman's comp claim.

Also, I don't think the OP is trying to get "disability". That isn't what the ADA is about. It is about finding "lateral" work if available not a pay cut, due to the condition. Now, there are exclusions if they simply really don't have any such position, but you should definitely be using workman's comp to pay for these doc visits, etc.

I'd recommend taking the pay cut job temporarily and looking for another job where you will get paid for your experience (in this economy, I wouldn't bust all the way down to unemployment).

A court case could be drawn out, all the while, they could fire you, and then you wouldn't even get unemployment. Granted, firing you would help your case (and likely get punitive damages...eventually...), but it wouldn't help your finances.

Basically i filled for unemployment, so i may or may not get that but im also looking for another job. Im looking for a job waiting tables so ill have an income while i look for something more substantial over the long term. So well see what happens. I read the ADA and this definitely falls under workman's comp.

reply to post by onequestion


The additional avenue is whether this was due to allergies, or a failure to educate you about OSHA requirements for working with these chemicals, etc. Were they maybe engaging in unsafe practices? Do others have similar problems in that job?

reply to post by Gazrok


Its a small company so there is only a few people. There never was any formal training or anything of that nature and not formal procedures were implemented or exist as far as my knowledge is concerned. They basically just threw me at the press and i started at it with no prior experience.

reply to post by Gazrok


Aparently its a common issue in printing and they are aware of it. I made a complaint about it and they gave me the msds and told me to get checked for which chemical i was allergic to. The msds for each chemical gave a breakdown of the chemicals involved. The allergy was getting so bad that i didn't have time to get all these chemicals isolated and test by a doctor. The doctor gave me a letter that said i needed a different position within the company because of my condition.

reply to post by onequestion


You should have been given the MSDS PRIOR to doing the work, and been educated about the chemicals PRIOR to doing the work. Failing to do this is a violation of OSHA practices and could form the basis of a negligence lawsuit, if you wished to go that route. And, you shouldn't feel the need to protect them. They had a duty to inform you of the hazards, and educate you on safety practices. Sounds like they failed in this, and YOU are paying for it. I'd really recommend contacting an attorney (one experienced in OSHA cases, and one who will get paid only if you do).

I guarantee you right now, the company owners are breathing a sigh of relief, thinking they just dodged a bullet.

reply to post by Gazrok


Damn, i didnt even think of that. I guess im going to consult with an attorney.