A middle school teacher contracted tonsil cancer after 26 years of sharing a small office with a chain-smoking co-worker. The court agreed with the decision of a state workers’ compensation judge that the cancer was an occupational disease subject to compensation. As a result, the Board of Education was ordered to pay the teacher’s past and future medical expenses and temporary disability benefits and to reimburse his used sick leave. Although the teacher was a non-smoker and made attempts to avoid tobacco smoke, the workers’ compensation judge estimated that he had been exposed to approximately 46,800 cigarettes during the 26 years of sharing an office with a smoker. The court said that although there was not definitive scientific evidence that exposure to secondhand smoke causes tonsil cancer, there was sufficient evidence to establish a connection between his disease and his place of employment. Therefore the court upheld the finding of the workers’ compensation judge except for the reimbursement of sick leave, which the court found was beyond the jurisdiction of the judge.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.
A middle school teacher contracted tonsil cancer after 26 years of sharing a small office with a chain-smoking co-worker. The court agreed with the decision of a state workers’ compensation judge that the cancer was an occupational disease subject to compensation. As a result, the Board of Education was ordered to pay the teacher’s past and future medical expenses and temporary disability benefits and to reimburse his used sick leave. Although the teacher was a non-smoker and made attempts to avoid tobacco smoke, the workers’ compensation judge estimated that he had been exposed to approximately 46,800 cigarettes during the 26 years of sharing an office with a smoker. The court said that although there was not definitive scientific evidence that exposure to secondhand smoke causes tonsil cancer, there was sufficient evidence to establish a connection between his disease and his place of employment. Therefore the court upheld the finding of the workers’ compensation judge except for the reimbursement of sick leave, which the court found was beyond the jurisdiction of the judge.