QUESTION

I work at a nursing home and we have a virus going around and a family member of one of the residents srayed me down with lysol. I have asthma.

Asked on Sep 21st, 2011 on Business Law - Alabama
More details to this question:
My employer sent me to the doctor and i was told that i have a restricted airway disease could this be a lawsuite
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1 ANSWER

Labor and Employment Attorney serving Atlanta, GA
2 Awards
If you can prove that your restricted airway disease is a consequence of being sprayed with lysol, you might have a right to sue the patient's family member who sprayed you. Unless you consented to being sprayed by the family member, that action amounts to assault and battery. Your right of action against your employer would be limited to what you can recover under Workers compensation, but you will have to prove that you incurred the disease in connection with your employment.workers compensation insurance covers job-related injuries only. to the extent that a pre-existing condition (asthma) was made worse by the unauthorized spraying, workers compensation insurance may cover your treatment and lost time. Proving your condition was caused by the spraying at work is likely to be a mighty difficult task. These are all issues governed by Alabama state law, and you will need an Alabama attorney to handle the case.   Michael Caldwell 404-979-3150
Answered on Sep 21st, 2011 at 1:58 PM

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