Diagnosed with a life time medical condition that was a result of my job

UPDATED: Oct 1, 2022

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Diagnosed with a life time medical condition that was a result of my job

I was a employee of a State of California Mental Health, I was exposed to
second hand smoke and diagnosed with emphysema, do I have a case for
compensation ?

Asked on January 31, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you would not have a case against your employer for compensation due to second hand smoke: it was not your employer (e.g. the state agency or hospital where you worked) that was smoking, but coworkers, visitors, and/or patients. The employer is not responsible for the actions of other persons--even of employees, if those actions were not part of their job (and smoking is not part of anyone's job, except maybe for someone in a cigarette ad).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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