Q: Can I sue my employer for causing me to get yeast infections?
I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these unfortunate fungal infections to be a workplace-caused medical hazard. I have spent a lot of money on medication and treatment for this recurring issue and so have my coworkers.
A: Workers compensation is the exclusive remedy for health problems incurred on the job. So no, probably not. See an attorney who specializes in worker compensation.
A: In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type of condition you describe (Candidiasis) is not the result of an actual accident but more along the lines of exposure or repetitive trauma. Such cases require clear and convincing evidence that the condition resulted from employment duties as opposed to all other possible causes. I recommend reaching out to an experienced workers' compensation attorney to discuss the finer details and requirements of pursuing such a claim.
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