Environmental Tobacco Smoke and Employees

Abstract

Recent research and scientific developments have strengthened the link between environmental tobacco smoke (ETS) and health-related illnesses. As such, employers who allow smoking on their premises will likely face an increased risk of lawsuits and workers' compensation claims directed against them. Unlike in the past, when plaintiffs rarely prevailed by claiming that health problems were related to tobacco use or smoke, juries and judges recently have decided in favor of nonsmoking plaintiffs. While workers' compensation insurance may provide employees with the most expeditious way to link workplace ETS with a health problem, the limited remedies of workers' comp may substantially reduce an employee's settlement relative to the recovery available through the courts. One strategy for restaurateurs concerned about potential ETS-based liability is to support wide-area smoking ordinances. Restaurateurs operating under self-or government-imposed smoking bans are less likely to face ETS lawsuits than those who have no policy regarding smoking.