Dugan & Associates, P.C.
No Recovery - No FeeFree Consultation
Serving all of Western Pennsylvania
Local: 412-353-3572 Toll Free: 888-99-D-U-G-A-N Toll Free: 888-99-D-U-G-A-N

Workers' Compensation: Smoking at Work

If you are a non-smoker and suffer health issues due to smoking at your work, you could be entitled to workers' compensation. Environmental tobacco smoke (ETS), or second-hand smoke, is an acknowledged health risk, therefore, any harm you suffer from it should be covered by workers' compensation. This post will go over ETS, how it may harm you, and how you might file for compensation.

ETS is an acknowledged health risk that many experts agree contains almost the same toxins and carcinogens as those inhaled by a smoker (though at less concentrated levels). Exposure to ETS can aggravate existing medical conditions, similar to smoking would.

Traditionally, courts denied workers' compensation claims for ETS. The courts took the position that ETS was not caused by employment and therefore should not be covered. But recent cases demonstrate a shift in the court's reasoning to consider whether or not ETS caused an accidental injury and whether or not that injury was unexpected.

Now courts consider ETS exposure in the workplace as having a direct connection with employment. Furthermore, as the science connecting ETS to smoking-related diseases improves, so have workers' chances at seeking recovery.

If you believe smoking in your workplace had a direct impact on your health, you may have a valid workers' compensation claim. Workers' compensation covers you for any workplace illness or injury, regardless of the source. A lawyer can guide you through the process after analyzing your situation and advise you of the best way to receive compensation for your illness.


No Comments

Leave a comment
Comment Information

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Pittsburgh Office
4 West Manilla Avenue
Pittsburgh, PA 15220

Phone: 412-353-3572
Phone: 412-922-0800
Pittsburgh Law Office Map

Beaver County Office
2002 McMinn St.
Aliquippa, PA 15001

Phone: 412-353-3572
Phone: 724-775-7372
Aliquippa Law Office Map

North Hills
6400 Brooktree Ct.
Wexford, PA 15090

Phone: 412-353-3572
Phone: 724-933-0133
Wexford Law Office Map

Butler County
2009 Mackenzie Way
Suite 100
Cranberry Twp, PA 16066

Phone: 412-353-3572
Phone: 724-283-7063
Cranberry Twp Law Office Map

400 Penn Center Blvd.
Suite 101
Monroeville, PA 15232

Phone: 412-353-3572
Phone: 412-261-1129

Westmoreland County
101 N. Main St.
Suite 104 - A
Greensburg, PA 15601

Phone: 412-353-3572
Phone: 724-836-7454

Washington County
2400 Ansys Dr.
Suite 102
Canonsburg, PA 15317

Phone: 412-353-3572
Phone: 724-743-0463
Canonsburg Law Office Map

Serving all of Western Pennsylvania Free Consultation