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MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6135
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I have a work related lawsuit question. I was fired due to

Resolved Question:

I have a work related lawsuit question. I was fired due to asthma related issues that I am convience happened after some partical board was installed as shelves they did nothing and fired me for it.
Submitted: 8 years ago.
Category: Employment Law
Expert:  MDLaw replied 8 years ago.
What is your specific question?
Customer: replied 8 years ago.
My health at work decline due to the modification at work. I developed asthma and allergies and sick not stop for one year. I told my work I felt it was something need to be done about this newly built shelving and felt it was causing asthma attacks. They did nothing. I was off of work one whole week to do extreme breathing problems. Got better when I got back to work I instantly started coughing and hacking and couldn't breathe. I told the that something had to be done that something was causing this to happen. I would try to come back to work part time and see if my health could take it but they need to address the issues that could be causing this asthma. They said they did paint the shelves, steam the carpet and run a ozone machine. I was supposed to come back to work this week and try part time to see if I was well enough and they fired me before i even had a chance to come in. Do I have a lawsuit for neglagance or firing do to a disability. Just so you know right after they made these modifications I almost passed out at work for an astha attack and was diagnosed with Asthma shortly there after. It continued to worsen things and I literally was sick for a solid year seeing 4 different specialist to determine why I couldn't get well. Is there anything I can do or any legal recourse available to me?
Expert:  MDLaw replied 8 years ago.
Depending on the severity of your asthma, it is unlikely that your asthma would fit the definition of disability under the ADA. To be a disability, the disability must affect a major life function.

If you wanted to file a lawsuit, you would need evidence from your medical doctors showing that your asthma was caused by the building somehow. While there are some lawsuits that are won, it would be very difficult to prove causation. It would also be quite expensive to bring a lawsuit since you would probably need to pay for experts to show medically and scientifically that shelving caused your illness and not something else.

The type of lawsuit that you would want to bring if you went that route would be more in the area of a personal injury lawsuit - unless there were OSHA violations involved. Therefore, I would suggest that you see a local attorney in your area for a consultation and they can review all of the facts of your case and review your medical records (which I obviously cannot do over the Internet) to determine if there is any causation evidence. Oftentimes, the initial consultation with a personal injury lawyer is done at no charge or a very low charge to you.
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