What to do if my workplace causes me to get sick?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my workplace causes me to get sick?

I am currently looking into bring treated for fibromyalgia. I strongly believe it was caused by the amount of stress my workplace has put me under. I have had to go to therapy and on meds and on leaves cause of the stress. I need help and advice on where do I go from here? Can I get disability? Or some sorry of comp from them since its work related? Or do I even have a case?

Asked on September 26, 2010 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are describing a very complex situation, so you should consult with an employment law attorney. The basic rule is that if you are injured or sickened by your job, you can get worker's compensation. You may also be entitled to disability, but need to look to the criteria of any disability benefits, including disability insurance provided by your employer, to see whether and to what extend you'd qualify. The problem is, however, that fibromyalgia is a condition where (1) not everyone, including every insurer, for example, uncritically accepts it as being an actual condition; (2) related to the above, I don't believe it's causation is understood that well--which means proving your job caused it may be very difficult; and (3) again related to the above, it generally is a condition where proving even its existence or the extent of disability it causes is not easy--there's nothing concrete or objective to point to, as with, say, silicosis caused by exposure to asbestos particles on the job.

In short, this is likely going to be case where you need expert advice, based  on the specifics of your situation, on whether you likely have a claim; and if you do, you will probably need expert  help to present that claim. That's why you absolutely need, if you want to pursue this, to consult with an employment lawyer, or perhaps a PI attorney with considerable fibromyalgia experience. Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption