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  1. #1
    Join Date
    Jul 2014
    Posts
    1

    Default Worker's Compensation Claim for an Allergic Reaction at Work

    I work in health care related manufacturing, I suffered a severe allergic reaction in March. I was taken out of work for a week and given an Epi-pen. No doctor knew what the cause was. I returned to work to suffer another allergic reaction 2 weeks after the first. My company filed a WC claim after the 2nd incident. WC denied my claim, I've been to court for pretrial 3 times, the judge denied me even after getting 2 letters from my allergist who said I'm 100% disabled from ever performing certain job duties. I have to stay away from certain occupations. Here's the tricky part: my allergist does not know for sure what caused my reactions, he's only basing it off of what I'm exposed to. It's going to trial now and I still have no WC. It's considered An occupational disease. Asthma/hives/anaphylactic. Based on the uncertainty, and the shock I'm now diagnosed with PTSD, I can hardly leave my house now because I'm terrified that I'll come into contact with whatever it was again. My attorney is really no help, I've done all the leg work. I refuse to give up on this. What should I do and what am I entitled to? I was going to school working full time I was doing great, now this!

  2. #2
    Join Date
    Feb 2012
    Posts
    349

    Default Re: What Should I Do

    Kneebow here,

    I'm not from your state, but I would think that you would have to get to the bottom of what you are allergic to.

    Without knowing what actually causes your reaction it's hard to say whether it's a workers comp claim or not.

    Yet, it may very well be a disability and disabling but until you get medical proof that shows your condition is caused by your employment, you may have a hard time getting worker comp to accept your claim.

    I wish you the best!

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: What Should I Do

    I don't see you winning comp benefits for an unspecified allergy that may or may not be related to a work place exposure. It is your burden to prove what you are allergic to and that it is work related. Your attorney (hopefully) knows this but he cannot create facts that don't exist. The fact that the reaction took place at work is not enough to prove medical causation (i.e, the link that relates the illness to the workplace.)

    The weak link here is your doctor. Maybe you can get more testing done by the allergist to show exactly what you are allergic to at work. But that is not your employer's problem--it is your problem to solve as part of your proof of the case. Talk to your lawyer about what you need to do to improve the evidence. Ask him how he plans to prove "medical causation" and the "link to the employment." If you don't get satisfactory answers that sound like he knows what he is doing, then you need to consider changing lawyers.

    Query- are you possibly allergic to latex or silicon?
    Last edited by complwyr; 07-20-2014 at 08:31 AM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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