Legal Question in Employment Law in Virginia

sick from working with hazardous chemicals

My husband, works in a factory assembling grease guns. He uses something called foam-pack. It is a foam packing material that is dispensed from hose in liquid form. It releases toxic fumes into the air. After seven yrs exposure, I began getting sick. If he resigns or quits this factory job, will he be able to draw unemployment, as he will be quitting to get away from the chemicals and hopefully avoid more sickness from this cancer causing chemical. He is under the care of two doctors for this health issue. He is on medical leave for stress, anxiety, depression resulting from this sickness. His employer has said he cannot draw disability pay because it has a clause for stress related absences.

I am appealing this decision claiming the stress was caused by the bigger problem of the asthma caused by the chemicals he works with. The employer was notified of this by the drs and have done nothing to help him we need to know what rights he has and if he has a legal case against this employer,and can he draw unemployment if he voluntarily quits or ultimately get fired? He's without income at this point because his employer made him too sick to work and refuses to give him his disability pay. Thank you.


Asked on 10/04/05, 1:39 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: sick from working with hazardous chemicals

If your husband has incurred an occupational disease from his employment resulting in sickness

and impairment, he should file a workman's compensation claim and allow the matter to work its way through the claim process.

He should not be deterred from making his claim

merely because some one from his employer may be trying to prevent him from doing so.

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Answered on 10/05/05, 10:31 am
Alan Crone Crone & McEvoy, PLC

Re: sick from working with hazardous chemicals

Your husband has a very complicated situation. Each claim is different and requires unique attention. Some of the claims I identified in your question are:

Unemployment Claim;

Disability Claim;

Worker's Compensation;

Product Liability against the chemical manufacturer.

Decisions you make relative to one claim may adversely effect others. For example, if he quits voluntarily he may be prevented from drawing unemployment. This situation is much too complex for anyone to handle without the assistance of an attorney. We handle cases involving all of those claims and we understand how they relate to one another. If you would like to consult with us, please give us a call at 1.800.403.7868, 901.683.1850 or email me a [email protected]

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Answered on 10/04/05, 1:46 pm


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