Unfortunately, a personal injury lawsuit is filed for actual damages incurred not potential damages. However, your concerns seem quite valid about worker safety at your workplace. You may wish to lodge a complaint with OSHA. Here's a link to help you know more:
Best of luck.
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If you can prove that you have sustained personal injury and deteriorating health on the job, you should have a worker's compensation claim, and you should immediately consult with an Illinois worker comp attorney.
OSHA is a complex area of the law that does not provide a private right of action, in layman's language a right to file suit. However, should an employer retaliate against employee based on OSHA complaint such evidence could potentially be used in wrongful discharge case, which is a separate claim than worker compensation. You would need to consult with a lawyer that deals with OSHA/wrongful discharge case to see if you had a claim under Illinois law.
Avvo provides great resources to find a good worker comp lawyer.
Without a demonstrable actual injury, you have no personal injury case. Since it is your employer, the ONLY option you have is workers' compensation, but without an injury or illness, it doesn't fall under either WC or the Occupational Disease Act.
Now, is it worth dropping a dime on OSHA and telling them? Well, if they find violations, you probably are out of a job, especially if they figure out who caused the sudden inspection of the plant.
I suggest you either look for other employment, find a doctor who diagnoses an actual injury, or report it to OSHA.
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If your health has been harmed, you need a physician's opinion that supports your theory. Only then could you file a Work Comp claim. Under NO circumstances can YOU compel your employer to modify their equipment.
If the booths are non-compliant with OSHA regulations, contact OSHA.
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For any such claim you will need expert or treating Dr.'s to express on opinion nod only that you were over exposed but also that is what is causing your complaints. At that point you need a Good work com p lawyer to present the claim. This is not something you can handle yourself.
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