Legal Question in Employment Law in Georgia

I had an allergic reaction to the chemicals at work when I changed jobs(after on

I worked as a chemical operator years ago, but changed to another job. Upon hearing the job I was in might be outsourced at a later date, I went back to operations. I immediately became sensitized to the chemicals in the new job, reported it, and an OSHA recordable was filed. The co.doctor says I shouldn't be in operations because I have allergies. Management is trying to say that something else caused the problem. Do they have to give me back my old job? I don't think they can fire me, but they are harassing me to get me to change the report.


Asked on 7/28/00, 8:38 pm

1 Answer from Attorneys
Alton L. Martin, Jr. Martin & Martin Attorneys, PA

Re: I had an allergic reaction to the chemicals at work when I changed jobs(afte

The sensitivity that you developed as a result of on-the-job exposure to chemicals would likely be considered an occupational disease, compensable under workers' compensation laws. Once you have alleged a claim under workers' compensation, South Carolina law prohibits your employer from taking any negative employment action against you related to that claim. For instance, your employer cannot reprimand, demote, or terminate you on the basis of your developing a sensitivity to chemicals. I will be happy to discuss this matter with you in greater detail.

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Answered on 9/12/00, 6:15 pm


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