Diagnosed with a life time medical condition that was a result of my job
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Diagnosed with a life time medical condition that was a result of my job
I was a employee of a State of California Mental Health, I was exposed to
second hand smoke and diagnosed with emphysema, do I have a case for
compensation ?
Asked on January 31, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you would not have a case against your employer for compensation due to second hand smoke: it was not your employer (e.g. the state agency or hospital where you worked) that was smoking, but coworkers, visitors, and/or patients. The employer is not responsible for the actions of other persons--even of employees, if those actions were not part of their job (and smoking is not part of anyone's job, except maybe for someone in a cigarette ad).
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