Workers comp, allergens- I have recently been tested and am allegric to flowers that I work with, my employer wants me to sign off that I will no longer get workers comp to pay for medical treatment. Is this something that is covered under my rights?
1 Answer from Attorneys
The answer is not straightforward but yes, you are entitled to medical coverage when you surffer a work related injury. An aggravation of a pre-existing condition is a work related injury. However, you are only entitled to treatment for the aggravation and not the underlying allergy. In other words, you would not be able to get desensitized on workers comps dime. Because each exposure is theoretically a new injury, there is no way your employer can legally get you to sign off and make it stick. if your employer discharges you in an effort to contro it's WC costs, you should talk to an employment lawyer because you may have a claim for wrongful discharge as well as a claim for discrimination under the American with Disabilities Act.