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Legal Advised regarding Settlement agreement

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1 Legal Advised regarding Settlement agreement on Mon Mar 16, 2015 3:28 pm


Arresto Menor

I would like to seek a legal advised regarding on what had happened to me. The Building admin is willing to have a settlement with me and asking for a figure of amount that I need.

Can anyone tell me how much should I demand for a settlement.

Below are the history on what had happened to me.

There was a Pest Control performed within the premises of Harvester's Business Center on March 1, 2015.

That day, I went out for lunch together with three other teammates at around 11:00 AM. After lunch, we went back to the lobby and noticed the heavy chemical smell coming from the door. The guard informed us that there was pest control going on, even though there was no warning posted about it at the entrance or anywhere in the building.

Since our lunch is about to end and we didn't have the option to wait, we had no choice but to go in and wait inside the ground floor lobby for the elevator to go down. In the two minutes we were there, all of us had difficulty breathing and covering our noses with our shirts didn't help.

By the time the elevator reached the 8th floor, my eyes were watery and I was already having difficulties breathing. When washing my face didn't help, I realized that I was already experiencing an allergic reaction from the pest control chemicals, and went to the clinic for medication.

Despite being hooked up to a nebulizer, I was finding it harder and harder to breathe. Both of my hands and my entire face has already gone numb, and I could no longer speak and breathe at the same time.

Our nurse on-duty, Charles, decided to send me to World City Medical Center, where I was given anti-histamine intravenously. I stayed there for 2 hours until my breathing normalized. However, my coughing never stopped the entire time, so 10 hours after this I went to the hospital again. I was admitted at Marian Hospital in Sta. Rosa, Laguna where I requested another anti-histamine IV. I was at the ER for 2 hours. The numbness returned while I was there, and due to this relapse I was advised to stay at the hospital so that my condition can be monitored. The coughing was soon diagnosed as bronchial asthma by my allergologist, a complication that was traced to the pest control chemicals I inhaled the previous day.

In summary:

1. I have been out of the office since March 2. I have been advised to rest for 2 weeks [14 days], and cannot work until my condition has sufficiently normalized for a Fit to Work certificate to be issued.
2. I now have a medical condition [bronchial asthma], a condition I've NEVER had in my entire life. This meant that I will be under constant medical maintenance to keep the asthma under control, another expense that I cannot afford.

My company was just a tenant on the said building. I call them during my stay at the hospital to verify if there was a notification such as email or text messages regarding the pest control that was happened on march 1 and they confirmed that there was no communication from the building admin on the said pest control.

At this point I decided to seek for legal advised on what I can do on the said situation.

The Building admin is aware that I'm planning to file legal case on what had happened and they are willing to have a settlement.

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