Legal Question in Workers Comp in Illinois

i worked for a retail store for 3 years. I then transferred to the produce department, and after about 4 months developed medical problems. At first started small which eventually led to me developing asthma. When symptoms first arose i requested to see a doctor, believing i was being exposed to something at work. I also requested that i be transferred out of the department. I was told by a co-manager that i could take a leave of absence to seek medical treatment. I was diagnosed with bronciospasms, and later asthma. I also learned i was highly allergic to some molds from an allergy test. The mold i was the most allergic to was one that grows on plants. I informed my bosses of that, and they did nothing. Also know that my main job was culling the produce. Culling is the process of pulling the rotten, bruised, and often molding produce out and disposing of it. Even now if i go in produce departments i developed breathing problems and have to rush out.

I was told by a co-manager that because of my lowered productivity, that they refused to transfer me till i raised my productivity. I was also informed by the co-manager quote "either ship up or ship out". I was later fired for missing to much work, and because my productivity was not to standards.

My medical conditions only arose when i was in the department, and would disappear a few hours after i left the job. Often i had to leave early because my breathing got so bad and my medicines failed to control it. I requested to see the company doctor several times, once even to the company claims adjuster. My doctor even told me that i should of been sent to the company doctor from the start.

There were three workers with my job position. Whenever there was two or more there they would send them away leaving me alone in the department. I never could get an answer to why i always had to stay in the department.

Asked on 7/09/10, 8:19 am

2 Answers from Attorneys

Assuming the truth of all of your assertions, you not only have a workman's compensation case, but may have a federal civil rights complaint under the Americans with Disabilities Act of 1990, given your diagnosed condition and the employer's failure or refusal to make any reasonable accommodation for you in the workplace. I would suggest talking to a comp attorney and ask if they're familiar with the "ADA".

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Answered on 7/09/10, 11:31 am

You should discuss this with a workers comp attorney pronto. You may have a claim for 'retaliatory discharge', which is illegal in most states.

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Answered on 7/18/10, 2:30 pm

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