Submitted by rtg on Tue, 01/28/2025 - 12:43 rtg's Blog Allergies can become a serious debilitating problem in some workplaces. If you have developed severe symptoms from workplace allergies that stop you from working and you need treatment, you may be able to file a claim for workers’ compensation. It can sometimes be challenging filing a claim to help with paying for treatment and paying everyday expenses. It can help to use a workers’ compensation lawyer to provide legal advice about your claim. What are Work Place Allergies? Allergies are bodily responses to a variety of substances that occur in the environment. These substances may be natural and seasonal like pollen, or be present in varying concentrations in the place where you work. When you develop workplace allergies, protracted exposure to allergens may give rise to common symptoms such as: sneezing, itching, persistent runny nose; asthma in more severe cases. Workplace allergens are varied and sometimes they are hard to detect until a doctor has diagnosed what has caused the problem. Some common workplace allergens include: dust, mold, aerosol chemicals, liquids or solids that cause an allergic reaction, some food types (in a food industry environment). What is Workers' Compensation? Workers’ compensation is a type of insurance that nearly all employers are required to have in all U.S. states. Workers’ compensation can be claimed by workers who are injured or developed an illness (like a serious allergic reaction like asthma) while at work. Workers’ compensation is a mostly no-fault type of insurance, but it is limited to covering the cost of medical treatment and most (but not all) of any wages that might be lost while the worker is unable to work while being treated or recovering from the impact of the allergy. The exact procedure and limitations on workers’ comp. payments and claims differ a little from state to state, but in most cases, it is compulsory for employers to provide it when there is proof of a workplace illness like an allergic reaction. Navigating the Claims Process Filing a workers’ compensation claim must be done in the correct way and must be filed within a time limit called the statute of limitations, which in most states, is within 2 to 3 years from the date the allergic reaction caused the worker to be unable to work. Typical steps to take include: Report the seriousness of the allergy to your employer (i.e. when it is so serious that it prevents you from working until the problem is treated). Seek a diagnosis from your doctor. Some employers have a designated medical facility or doctor you need to use to be able to claim workers’ comp. later. Seek appropriate treatment. Make sure you obtain documentation at every step. This will be needed to support your claim for compensation. Ensure your employer has reported the reason for the absence and recorded it in their accident logbook. File your claim with the appropriate agency, often a state Workers’ Compensation Board or its equivalent. In some states, it is the employer that files the claim. The Importance of Legal Guidance It can be a challenge to obtain workers’ compensation. You will find that a workers’ compensation lawyer can help with providing legal advice or advocating on your behalf. A lawyer can: help you to focus on your recovery; access your case and guide you through the process; negotiate on your behalf for fair compensation with the employer’s insurer; advocate on your behalf and get you the compensation you deserve. Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
