Legal Question in Employment Law in Pennsylvania

About three years ago, my husband had an incident at work. He picked up an ice pack which was packaged with candy to keep it from melting. He immediately started having difficulty breathing, a racing heart, dizziness, and feeling like he was about to pass out. He was taken by an ambulance to the hospital where they figured it was likely an allergic reaction to the ice pack, or something in it. We filed workman's comp and they covered our benefits. Shortly after, this happened two more times. They denied his workman's comp the second time, and we didn't file the third time. They ended up making accommodations for him so the packages would be delivered by refrigerated truck, and no ice packs would be needed. Just this week, my husband had another severe reaction and had to be taken to the ER from touching a piece of candy that a customer was buying. We had been on vacation for two weeks, so he was unsure of why the candy would be contaminated if it was being delivered by truck, instead of ice packs. Just today while at work, the delivery man came in to deliver candy but it was in boxes with the ice packs, not in the refrigerated truck. My husband refused the delivery and called his boss. We are assuming that it has been delivered this way while we were on vacation, thus why he had the reaction earlier this week, his first day back from vacation. I would like to know what our legal rights our. His company is well aware of his condition. It is potentially life threatening, yet they negligently had the candy shipped to him in a way which caused an allergic reaction.

Thank you.


Asked on 7/14/10, 9:30 am

1 Answer from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

You may still have a comp claim, even if they denied benefits. Give us a call to discuss your options: 267.639.3105.

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Answered on 7/14/10, 3:02 pm


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