Can I sue my employer for pain and suffering if I have asthma that is triggered by perfumes and my co-workers won’t stop wearing it?

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Can I sue my employer for pain and suffering if I have asthma that is triggered by perfumes and my co-workers won’t stop wearing it?

Co-workers were asked several times not to wear it but stil did for last 2 years daily. No one was ever spoke to after I complained. One co-worker claimed she had to wear scented lotion due to sensitive skin. My health has got so bad that I feel im permantly damaged. They did pass a scent free policy in may but no one is following it. I found out this week the woker who states she had to wear it lied and now cannot wear it. My boss all told me they seen her paperwork a year ago and she was ok to wear it. I have suffered a year because of her lying.

Asked on August 29, 2012 under Employment Labor Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming your employer has a worker's compensation policy in effect as required by all states in this country, your recourse with respect to the asthma attacks that you have incurred due to perfumes triggered by co-worker's who refuse to abide by the "scent free policy" at work is to make a worker's compensation claim. You cannot bring a civil suit for your matter if there is a worker's compensation policy in place.


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