Q: Is sever asthma cover by worker's compensation?
I have asthma caused by allergies to chemicals and perfumes. I work for a company that has a "no chemicals or scents" policy that was in place prior to my employment. They are well aware of my conditional. Last week, one of the employees sprayed bleach, with caused an asthma attack so bad I had to be taken by ambulance to the hospital. Does my employer have to pay for my missed time at work? What about my insurance deductible?
A: Yes, if a doctor says that the condition you have is related to the exposure at work, workers' comp would be responsible for treatment related (this would be known as an "aggravation of a pre-existing condition"). If you are out of work more than seven days as a result of this aggravation, you may also be entitled to wage loss benefits.
Richard Alan Jaffe agrees with this answer
A:
In order for a condition to be considered work-related, it must occur within the course and scope of your employment and be causally related thereto. From your question, I understand that you have a "pre-existing" asthmatic condition which you believe was "aggravated" by one of your co-employees spraying bleach at your worksite.
If the exposure to said chemical "aggravated" your pre-existing asthmatic condition, then yes, you may have a Claim for Workers Compensation Benefits. However, in order to be eligible for wage loss benefits the injured worker must miss more than 7 days from work as a result of the work -weighted injury. Accordingly, if you only miss a couple days due to the asthma attack, your Employer would not be required to pay for miss time from work.
If you have not done so already, I would report your "injury" to your Employer to determine if they will pay for your medical treatment that was precipitated by your exposure to bleach at your worksite. Your Employer and its Workers Compensation carrier would then have 21 days to decide whether, or not, to acknowledge your Claim as a "Medical Only" injury. This would entitle you to medical treatment, but not wage loss benefits.
If you continue to miss more than 7 days from work, as a result of the asthmatic attack, you may then be eligible for wage loss benefits.
In addition to the above, I would recommend contacting an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to request a Free Consultation to discuss your rights and remedies.
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