Legal Question in Workers Comp in Illinois

I have fragrance sensitivities and my coworker wears this scent that you can smell for minutes after she walks in the door. For 2 weeks I suffered multiple asthma attacks. At one point going to ER to find the lower lobe of my lung was collapsed and is still to this day. The very first day I went to my boss and she is fully aware of my asthma. I think that I fall under the ADA and asked for reasonable accomodations. I was told that the only thing they would do was ask that nothing be sprayed in the office. I have had to leave work 4 differant days and I want to know if this can fall under Workman Comp and if my place of work will not help me what can I do about this. This is putting my life in jeopardy.

Asked on 9/03/14, 7:02 am

1 Answer from Attorneys

Charles Candiano Candiano Law Office

Your employer has no obligation to do anything without direction from a licensed physician. You cannot invoke ADA without the opinion of a professional to support your request.

This is NOT a work injury. Your exposure is NOT incidental to your work. You could just as likely sit next to her on a bus.

Scent sensitivity CANNOT cause a lung to collapse. A partially-collapsed lung is very susceptible to infection and should be treated immediately.

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Answered on 9/03/14, 7:49 am

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