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Can you file a workers comp lawsuit over a food allergy?

At my former job we had a lunch provided by the store manager in celebration of Christmas a few days later. I asked if the food contained any of my allergies (pecans, walnuts, and mushrooms) and he told me no. I ate the chili without incident. When I ate the brownie afterwards I found there were a few walnuts in them. I spit and threw up what I had digested, but still had a reaction anyways. I went to the hospital for the rest of the day without pay. The medication was covered under worker's comp, however there is the issue that I lost work time and got docked for it. Do I have a valid lawsuit?

Update:

To clarify some of the comments:

Yes, I was at work at the time.

Yes, I asked if the brownies had nuts, I was told no.

There are no longer my employer, I left 2 months ago.

The brownies were baked by the manager's girlfriend, so they were made from scratch.

13 Answers

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  • 1 decade ago
    Favorite Answer

    I'm not sure worker's comp is the way you want to go with this. Just because you are injured at work, doesn't make it a "work related injury". It never hurts to file a claim, but eating a holiday dinner is not normally considered a work related injury. Your manager did, however, tell you that the food contained none of your allergies - which it clearly did. His negligence resulted in your injury, missed work, medical bills, etc. You may have a small claims or personal injury case, rather than worker's compensation. Speak to an attorney (one with a free consultation) regarding the details.

    Source(s): 8 years legal experience
  • Sue F
    Lv 7
    1 decade ago

    You can attempt to file a lawsuit, people sue over the most ridiculous things. I do not know if you would have a chance to win a lawsuit or not, but unless you can prove that someone at your workplace deliberately tried to make you eat the brownies which had the nuts in them, I don't see a valid lawsuit here.

    Since your medication was covered, I don't think that the court system would consider a lawsuit to be valid. Unless you were being paid a very high wage, less than $500.00 would be considered a small claims suit and you would probably end up having to take time off from your current job in order to meet with a lawyer and persue the suit.

    Many people make brownies with nuts in them, if I had your type of allergies, I would have chosen not to consume any brownies unless I actually asked the person who baked them what they contained. Sometimes we have to be our own best health advocates.

  • Anonymous
    1 decade ago

    Interesting situation. Though in instances where they've accepted responsibility, and paid some damages, they could be liable for the amount of pay you would have earned too. In my opinon, you will be creating bad blood with your employer over a few bucks. They may seek to replace you as you have become a liability.

  • Anonymous
    1 decade ago

    Why would you think you have a lawsuit. It is YOUR responsibility to check what you put in your mouth if you have a food allergy. Before you crammed the brownie in your mouth, it would have been a good idea to actually look at it first, wouldn't it?

    You can't expect everyone to take care of you - it is your body, your health, your allergy and your responsibility to look before you eat.

  • ~LoVe~
    Lv 4
    1 decade ago

    If the medicine was covered by workers comp. then they are admitting that it was a work related injury in which you should be entited to compensation for missed work. I wouldnt sue yet talk to the managers and see if they are willing to compensate your for your lost time.

    If you do decide to sue it will probably cost you alot more than those hours you lost at work.

    Source(s): experience with my own workers comp claim
  • 1 decade ago

    maybe you could work a little overtime to make up for the lost hours. why would you ask your boss about about food ingredients. is it not your responsibility to find out about such things? take it as a lesson learned and don't eat anymore brownies.

  • In my experience with workman's comp, you have to miss at least 3 days of work before getting any kind of monetary compensation.

  • 1 decade ago

    I don't believe so. You could have asked if the brownies had walnuts in them. It's that simple.

  • 1 decade ago

    Seeing as you asked if they had nuts in it and they said no you have a lawsuit. They could have killed you with their telling you there was none of these items in the food and then you eating it due to that.

  • 1 decade ago

    You can sue for anything as long as you've got the money to pay your lawyer.

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