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Can I sue My current employer (Wal-Mart) for unfit working environment and physical illness/ injury?

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I am an Overnight Loss Prevention Agent for a Wal-Mart store in N.Y. I have been suffering from shortness of breath and excessive coughing. I have called out the past three days and need advice. The store i work at is currently going through major renovations to make it a Super Center. The Office I is in the middle of the construction zone. During the last three months all walls from Offices, Staff Lounge and Back Warehouse have been demolished. I can no longer work in such an unfit environment. All other offices such as managers offices, Personnel, Employee Lounge and Warehouse operations have been moved. I have not filed an incident report nor an LOA yet for fear of a whistle blowing backlash.

Attorney Answers 6


  1. If you were exposed to asbestos, see an attorney.

    Bring with you any evidence you can that demonstrates the insulation in your building was old enough to contain asbestos. Otherwise the attorney may feel it was unlikely that you were exposed to asbestos as most Walmart locations were built after asbestos was no longer used in building.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  2. Duplicate post, see the other for my answer. http://www.avvo.com/legal-answers/can-i-sue-wal-mart--my-current-employer--for-perso-1366024.html

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney


  3. You have recourse to OSHA and Workmans' Compensation.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. File a workers compensation claim and get medical treatment right away.

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


  5. 1.File a report with Wal Mart human resources being as detailed as possible; 2.Get examined by a pulmonlogist by referral from your primary care physician; 3. Meet with a worker's compensation attorney;4. Try to find out if any other people have experienced symptoms similar to yours; and 5. Consult an attorney who specializes in hazardous condition workplace cases.

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