Can I sue my employer for acne caused by a mask?

Full question:

At my employer, I was told that I had to go on a tour of a steel plant. Due to my mild asthma condition, I asked them to provide me with a mask. The mask did not come in a plastic container, but I was told it was clean. The next day I broke out in horrible acne and have been breaking out ever since I wore that mask. It has been a month and a half since the incident. Is this something I could sue for emotional and physical damages? I was so broken out that I was unable to even see my family over Christmas Holiday. I have not been able to resume my normal activities. I feel very scarred from this experience and am sure that mask was not clean.

Category: Personal Injury
Date: 04/07/2025
State: Ohio

Answer:

To succeed in a personal injury claim, you must prove several elements: an injury, that the employer's actions caused the injury, and that the employer could foresee the risk of injury. Establishing the cause of your acne may require expert testimony. Seeking medical care promptly after the incident can strengthen your case by creating a medical record that links your condition to the mask.

Factors affecting foreseeability include whether your employer knew about the risks associated with the mask and your sensitivity to such risks. If the mask was requested by you, it may be considered that you accepted some risk. Additionally, the cost of expert testimony can be significant, so weigh the potential recovery against litigation expenses. Generally, compensation for temporary conditions like acne is lower than for permanent or costly-to-treat injuries.

While I can't provide a legal opinion, I recommend consulting a medical professional for a diagnosis and to understand the cause of your condition.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What should an asthma patient not do?

An asthma patient should avoid exposure to known triggers, such as smoke, strong odors, and allergens like pollen or dust. They should also refrain from engaging in strenuous activities in cold or humid weather, which can exacerbate symptoms. It's important to follow prescribed medication regimens and avoid skipping doses. Additionally, patients should not ignore their asthma action plan or neglect to communicate with their healthcare provider about worsening symptoms.

What are the workplace rights for asthma?

Employees with asthma have the right to a safe work environment under the Occupational Safety and Health Act (OSHA). They can request reasonable accommodations, such as modified duties or changes in the work environment, to manage their condition. Employers are required to engage in an interactive process to determine appropriate accommodations, ensuring that employees can perform their job safely without discrimination.

What is a reasonable accommodation for asthma?

Reasonable accommodations for asthma may include providing air filtration systems, allowing flexible work hours to avoid peak allergen times, or modifying job duties to limit exposure to triggers. Employers might also provide access to medication during work hours or allow employees to work remotely if necessary. Each accommodation should be tailored to the individual's needs and discussed with the employer.

Can asthmatics wear masks?

Yes, most asthmatics can wear masks, but it may depend on the severity of their condition and the type of mask. Masks can help protect against allergens and pollutants, but some individuals may find it difficult to breathe comfortably. It's essential for asthmatics to choose masks that are breathable and to consult with their healthcare provider if they experience any discomfort or breathing issues while wearing one.

Who should not wear a mask?

Individuals who should not wear a mask include those with certain medical conditions that affect breathing, such as severe asthma or respiratory diseases, as well as young children under two years old. People who are unconscious or incapacitated should also avoid wearing masks. It's important for anyone with concerns to consult a healthcare provider for personalized advice.

What chemicals can trigger asthma?

Common chemicals that can trigger asthma include strong cleaning agents, paint fumes, pesticides, and industrial chemicals like formaldehyde. Other irritants include tobacco smoke and certain perfumes or fragrances. Asthmatics should be cautious around these substances and take steps to minimize exposure, such as using protective gear or ensuring proper ventilation in their environment.