San Francisco, CA asked in Personal Injury, Workers' Compensation and Employment Discrimination for California

Q: Hi, I am former library worker and I got asthma with allergies for books dust and books molds. My WK was denied, I got

SDI until April 2016. If I just enter to any library branches I began to coughing really bed and need to use my inhaler. If I do cleaning, cooking, laundry at home, I need to wear musk, but it's so difficult wear musk more then 1 hour. I need to have a rest and fresh air. My doctor said I can't be in a library anymore. From February 2016 I have depression and panic attack also. Working in a library - it's what I did all my life. Right now I can't work in a library or other offices, because I'm allergic for environmental dust and mold. In November 2016 library medically separated me from the city of San Francisco, because they can't find for me any position in a library facility without mold and dust. I applied for early wasting retirement that what I have. I'm so depress, I worked in a Public Library 15 years and administration kick me off! What can I do?

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: MAYBE you have a Workers Comp claim against the city. You are required to submit notice of a work injury to the employer BEFORE you leave employment. Maybe your memos or emails make clear you sustained a work-related injury. You can fax the Workers Compensation Claim form noting a date of injury of 'continuous trauma' or 'repetitive trauma' now, and just be prepared for the City to deny the claim as a post-termination claim. then you can show the workers comp judge your memos and emails to the employer that the mold on the job caused this injury and disability. You MIGHT have a FEHA or ADA claim as well, and Employment Law expert would provide details on pursuing such an acton

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