Does Workers’ Compensation Cover Allergic Reactions?

April 15, 2021 - 10:37 pm
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What’s yellow, dusty, and makes you sneeze all over? Pollen! Sneezing, coughing, and watery eyes are just a few of the negative side effects of seasonal allergies. Each year it seems that pollen gets worse and impacts our daily lives even more. If you work outside or in an environment where you are exposed to pollen, you may be wondering if you are eligible for Workers’ Compensation if you suffer from a severe seasonal allergy. Although Workers’ Compensation rarely covers seasonal allergies, other types of allergies including food allergies or allergies experienced when coming in contact with different substances could be eligible for Workers’ Compensation benefits depending on the specific situation.

Food Allergies 

Food allergic reactions can be extremely severe depending on your body’s response towards certain food. Despite the potential severity of the reaction, Workers’ Compensation is not always applicable to food allergic reactions at work. For example, if you pack your own lunch and accidentally put peanut butter on your sandwich while forgetting you are allergic to peanut butter, that would not be covered under Workers’ Compensation. However, if your employer is aware of your food allergy and orders food for an employee lunch that triggers your allergic reaction, you could be eligible for Worker’s Compensation benefits. Each circumstance and situation is different so if you’ve suffered from severe food allergic reaction at work and would like to see if Worker’s Compensation could cover you, it is always a good idea to contact a Workers’ Compensation attorney.

Contact Dermatitis 

Other types of allergies such as contact dermatitis, which results when an individual comes in contact with a substance that causes a reaction on the skin such as swelling, blisters, redness etc., could also be covered under Workers’ Compensation depending on how the employee came in contact with the substance. If you are working outside and are required to work in an area that has plants such as poison ivy and poison oak and suffer from a severe allergic reaction, it may be worthwhile to contact an attorney to see if you could be covered under Workers’ Compensation. Another example of this would be if your workplace has chemicals that cause allergic reactions if they touch your skin. Both of these incidents are directly caused by your work-related responsibilities which put you in a good position to be eligible for Workers’ Compensation benefits.

Although we all can’t rush to file a Worker’s Compensation claim for our pollen-induced congestion, there are instances in which allergic reactions can be compensable under the Worker’s Compensation system. If you are unsure whether or not your injury can be covered, your best course of action is to reach out to a Worker’s Compensation attorney. At Poirier Law Firm, we are experts in all types of workplace injuries and can provide direction and advice as to how to best proceed with filing a claim for Worker’s Compensation if you have suffered from an allergic reaction on-the-job. 

Source: https://hickeyandturim.com/workers-compensation-for-allergic-reactions/

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