On 5/29/2016 6:19 AM, Vic Smith wrote:
On Sun, 29 May 2016 03:23:22 -0400, wrote:



Explain why there can't be a "smoker bar" or restaurant. If you are
offended or fear for your life, don't go near the place.

Employees.


Mo

LEGAL RISKS

Workers who are not currently protected by state or local laws that
create smoke-free workplaces nevertheless have legal options available.
For example, an employee could file a workers’ compensation claim
against an employer for illness or injury attributable to exposure to
secondhand smoke on the job. Such claims may increase an employer’s
workers’ compensation premiums, an employee could file a disability
discrimination claim that an employer failed to provide a “reasonable
accommodation”—in this instance protection from exposure to secondhand
smoke—if the worker has a disability (such as asthma) that is
exacerbated by exposure to secondhand smoke, or an employee could file a
claim that the employer failed to provide a safe workplace, based on a
common law duty.

Employers may voluntarily adopt smoke-free workplace policies to reduce
the threat of litigation in these areas. These 3 risks are examined in turn.

WORKERS’ COMPENSATION

State workers’ compensation laws are designed to protect workers from
injuries and illnesses that arise out of and in the course of
employment. The state laws are not based on fault; an injured worker can
recover benefits, including compensation for temporary or permanent loss
of income and medical expenses, without proving that the employer was
negligent. A state administrative agency usually oversees the workers’
compensation system so that employees may recover benefits promptly. In
most cases, the state workers’ compensation system prevents the employee
from also suing the employer in tort.26

Litigation Under Workers’ Compensation Statutes

Employees have won in individual workers’ compensation cases involving
secondhand smoke–related injuries when the employee suffered an
asthmatic or allergic reaction as a result of exposure to secondhand
smoke in the workplace and the employee had demonstrated exposure to a
heavy concentration of secondhand smoke for several years.33 Because the
outcomes of workers’ compensation cases have varied widely across
states, an employee’s ability to recover compensation will depend
heavily upon the state in which the employer is located.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1931463/
--
Maggie