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Question
Posted by: Mr P | 2010/01/11

Baby born premature due to work related stress

My wife works for a huge casino company. During may 2009 my wife found out that she was pregnant with our second child. During her pregnancy she had severe complications and her gynecologist wrote a letter to our HR manager to inform her about her situation. According to the letter she was suppose to be moved to a department where she had less strain or she had to be moved to day shifts only until the due date.
My wife works in the tables department and she has to stand for long hours. Sometimes it can be up to 12 hours a shift. Her manager told her that she can sit if she wanted to but there was still other shift managers that had a problem with it.
At one stage she was working for 17 days straight without any days off and it was night shift as well. Take into consideration that she works monday to sunday with days off in between. This was not the case. 17 days straight without any days off.
On the 11th of November 2009 she complained about severe pains in her stomach and she was bleeding as well. I took her to the doctor that morning and they booked her in for observation. According to the doctor it was early labour pains and they kept her in hospital to monitor her overnight. On the morning of the 12th of November 2009 the doctors decided to do a emergency operation because they were afraid of losing the baby. At 11:00 that morning my child was born at 31 weeks. The doctors said that the baby had blood in his throat and lots of fluid as well and if they had to wait longer the baby would have died. So far the baby is doing fine, but i need to know what her rights and can she make a case against the company for negligence.
Please help

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Our expert says:
Expert ImageLabour lawyer

RE: Baby born premature due to work related stress

Unfortunatly the company in circumstances like this is protected by the Workmens Compensation legislation. All medical conditions and injuries fall under claims with regard to the Coida legislation. Your chances of a negligent claim against the company are not strong.

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2
Our users say:
Posted by: Sunshine | 2010/01/22

Suggest your wife contacts the department of labour ASAP and reports her employer (anonymously) for making employees work more than 6 days straight without a break.

It won' t get her the compensation you are looking for, but it will certainly teach the employer a lesson when they are raided.

mostly when people contact the dol about things like this, they have been just waiting for it so that they can go in and raid the company.

I have a strong feeling I know which casino company you are talking about, and they crook their books in terms of HR a lot - not the HR department, but the thuggish managers who are in charge of tables, cashiering, slots, count etc. It' s about time they were reported for these kinds of abuses of power.

Reply to Sunshine
Posted by: labour lawyer | 2010/01/18

RE: Baby born premature due to work related stress

Unfortunatly the company in circumstances like this is protected by the Workmens Compensation legislation. All medical conditions and injuries fall under claims with regard to the Coida legislation. Your chances of a negligent claim against the company are not strong.

Reply to labour lawyer

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