Allergies are on the rise, and latex allergies are among the more common types. Exposure to latex in the workplace, particularly with the use of latex gloves, can cause an allergic reaction ranging in severity from mild break-outs to life-threatening episodes.
Injuries that are the result of issues personal to the employee generally do not entitle him or her to workers’ compensation benefits, because they do not arise out of the employment. However an exception allows for coverage where the conditions in the workplace contain an element which exposes the employee to a significant increased risk which would not necessarily be present for the general public. Though not everyone will develop an allergy from being around latex products, if you develop such an allergy after being exposed to latex at work, Illinois workers’ compensation benefits should be available to cover your medical bills resulting from your allergy.
Conversely, the opposite result has been found in some cases involving food allergies. Though food allergies can be every bit as severe as latex allergies, Illinois has denied workers’ compensation benefits for injuries resulting from eating a food at work or a work function that contained the allergen. The risk involved in consuming otherwise safe food by someone with a food allergy or sensitivity, has been held to be unrelated to employment and not any more of a risk than the employee would be exposed to when eating outside of his employment. Latex, on the other hand, can be a risk specifically related to the employment environment.
Once the latex allergy is established, your employer has a duty to remove the exposure for you. Often there are alternatives to using latex for gloves and other products. If your employer will not remove the latex from your environment, you should be able to receive compensation for your time off work resulting from the allergy. Medical bills, regardless of the removal, should be available.
If you suspect that you are having a physical reaction to latex exposure, it is very important to get immediate medical attention. An allergist can help to diagnose the allergy, and give you a plan for staying safe in the future.
We are workers’ compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
