So, hazard pay depends on the risk associated with the job. Jobs that provide hazard pay usually have a requirement that the action has a much higher than usual probability to harm the employee. Federal courts have determined that for certain jobs, like prison guards, secondhand smoke exposer is not enough of a risk to give hazard pay.
To see if secondhand smoke exposer qualifies an employee for hazard pay, the employee should determine how risky their job typically is, and how much risk secondhand smoke will add. When an employee is injured at work they may qualify for Workers Compensation.
In some states workers compensation commissioners have granted compensation if secondhand smoke exposure injured the employee while at work. But the standards may be high. Typically, the injury must be caused by regular and long-standing exposure to secondhand smoke, and the employee must have attempted to avoid smoke from other sources while not at work.
If this occurs the commissioner may grant an employee past and future medical expenses and temporary disability benefits. The first thing you should do is voice your concerns to your employer. Your employer may be unaware that its policy is illegal or harmful to you. If your employer is unresponsive to your concerns, contact your state's labor or health department, or a lawyer in your state.
This is the best way to get more detailed information about the particular laws of your state, and what legal options are available to you. For more information, visit the Americans for Nonsmokers' Rights website at www. The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases.
Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site. Find an Employment Attorney.
Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states. More about Workplace Fairness. To learn more about smoking and the workplace, read below: 1. Do I have the right to smoke at work? Do I have the right to a workplace free from secondhand smoke?
Is being around coworkers who smoke hazardous to my health? Does workplace smoking violate health and safety laws like OSHA, which regulates exposure to hazardous substances? I have a health condition that is aggravated by smoking.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Can I be denied employment for smoking? Some states prohibit employers from discriminating against smokers.
Question I just got turned down for a job. Answer State law determines whether it's legal to discriminate against smokers. These state laws take several forms: Some states prohibit employers from taking action against employees or applicants because they engage in any lawful activity outside of work.
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