Second-Hand Smoke and the Workplace

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Many people work in environments where they are subjected to second-hand smoke.  If your health problems are aggravated by smoke, there are several steps you can take.

The first thing you should do is check the local and state laws.  Many states and towns have passed laws prohibiting or restricting smoking in the workplace.  Also, states often set up procedures to complain about workplace exposure.

If you have been injured by the second-hand smoke, you can file a claim under the Americans with Disabilities Act (ADA).  The Department of Justice (DOJ) may mediate between you and your employer, or may intervene on your behalf.

Finally, you may want to consider simply finding a new job.  While looking for a new job, you may be eligible to collect workers’ compensation or unemployment. 

Regardless of what course of action you choose, your first step should be to consult with a lawyer.  An experienced attorney will be able to inform you of the relevant laws, and advise you on the proper course to take.

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Last Modified: 04-12-2012 11:25 AM PDT

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