A court ruled that an employee who was allergic to cigarette smoke was able to make a claim under the state worker’s compensation law. The court found that constant exposure to cigarette smoke triggered the employee’s allergies, which caused him to eventually collapse. Therefore, the employee’s collapse could be considered an “accidental injury” under worker’s compensation law.
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 court ruled that an employee who was allergic to cigarette smoke was able to make a claim under the state worker’s compensation law. The court found that constant exposure to cigarette smoke triggered the employee’s allergies, which caused him to eventually collapse. Therefore, the employee’s collapse could be considered an “accidental injury” under worker’s compensation law.