Legal Question in Employment Law in Pennsylvania

Re: Health problems related to employment

You asked if an employer can be held responsible for health problems that may have been caused by working conditions.

It is a possibility. The question is how to go about proving it. Because you state that the employee drank (and drank at work) and was a smoker then this may be somewhat more difficult.

Pennsylvania is a contributory negligence state. Meaning that the employer can be held liable for the portion of a person's injury caused by work or working conditions. Here the employee would have to prove that the injuries were not only potentially caused by the working condition but also that the working conditions were more of a cause than those conditions which he contributed (such as smoking and drinking) if any.

The next question is can you find an attorney to take the case. Lawyers operate much like any other business, to make money. Though we also have the fortune that we are trying to improve society through the work that we do. In some cases this is by making certain that the authorities present their case competely and legally. In other cases this is done by pressing claims to right the wrongs of the world.

Here, the claim would be that the business substantially responsible for the persons injuries. The case may be expensive to prove, requiring tests and substantial expert analysis and testimony. Even if proved the damage caused by the claimant may negate any potential recovery.

My suggestion would be to speak with an attorney about this matter and discuss potential options. Such as discriminatory firing, other claims or potentially disability claims.

Regards,

Roger Traversa

email: [email protected]