According to the CDC, second hand smoke is dangerous and contains hundreds of toxic chemicals, 70 of which cause cancer.  So what happens if you are a non-smoker and you become sick because of exposure to environmental tobacco smoke? Does workers’ compensation benefits cover this?

Environmental Smoke Exposure Compensable

Every year, more and more employees are granted workers’ comp benefits due to passive smoke in the workplace, however, it can be difficult to prove.  As with any other claim, in order to be awarded workers’ comp benefits you have to prove that your illness is directly related to your workplace environment and duties at work. A doctor will also need to attest to the fact that your illness is caused by the workplace exposure of secondhand smoke. It would also help if you can prove that other than the workplace, you have little to no exposure to environmental tobacco. You can obtain workers’ compensation benefits if your illness is determined to be work-related and prevents you from working—or requires medical attention.

Georgia Law

Right now, the laws in Georgia dictate that employees are not allowed to smoke inside if the workplace is enclosed unless the workspace is something like a bar or a restaurant. But the laws are starting to change in some places such as Atlanta, who just passed a smoke-free ordinance that will take effect January 2, 2020. It will bring smoke-free air to restaurants, bars, hotels, nursing homes, and more.

Georgia Employees and Smoking 

Georgia Employees are currently NOT allowed to smoke in:

• any enclosed public place except in designated smoking rooms and other exceptions.

Georgia Employees ARE allowed to smoke in:

• Any non-enclosed workspace.
• Bars for those 18 and older or in a private room with a separate ventilation system.
• Restaurants where there is a private room with separate ventilation system.
• Workplaces that operate as appointment only systems.
• Workplaces centered around tobacco products.
• Work vehicles.
• Outdoors.

Employers who choose to provide a smoking area must have a ventilation system that does not recycle air and is designated for employees only.  

Legal Help for Exposure to Smoke in the Workplace

If you have been exposed to workplace smoke and subsequently developed an illness, contact an experienced workers’ compensation attorney. An attorney can help explain your rights and identify your options for compensation.