QUESTION

Can I sue the employer for wearing required equipment?

Asked on Apr 14th, 2015 on Labor and Employment - California
More details to this question:
I work an industrial job where I am required to wear an industrial respirator. The mask has really agitated my asthma. It's been getting much worse over the past year or so. But my employer refuses to buy us (me) any other masks. Is there something I can do?
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2 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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Get a supporting medical opinion and share it with the boss. File a workers compensation claim.
Answered on Apr 16th, 2015 at 2:13 PM

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You can not sue civilly and are limited to a Workers' Compensation claim. You should check with your State Occupational Safety Department to see if they can do anything, but first find out if there are really any reasonably priced masks that would significantly help. Consider offering to split the cost with your employer.
Answered on Apr 15th, 2015 at 12:38 AM

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