Does My Injury Or Illness Qualify For Workmans Compensation
Does my sickness, disease or injury have to be dealt with through the Workers’ Compensation system?
For the most part, there are two types claims that the workers’ compensation system deals with:
1) an injury,
2) an illness or disease (called an occupational disease).
Whether a claim is required to be dealt with through workers’ compensation system usually depends on whether it was caused by something during the course and scope of employment. In other words, if it was caused by something that is part of your job and happened because of something that is part of your job, it is generally covered under the system.
We understand that It can seem a bit confusing, but that is why working with an attorney is so important- to guide you through the process and help take away the fear and uncertainty. We are here to get you through the system with great results!
An “injury”, as defined by the workers’ compensation system, is a “sudden and traumatic happening producing an immediate or prompt result established by medical evidence.” So, an injury is an identifiable event that causes harm. It is important to notice that an injury must be proven with medical evidence. For that reason, all injuries must be quickly reported and you need to see a doctor quickly after the event. “Established by medical evidence” means that a doctor must say in a written report that an injury was in their opinion caused by the event they are saying caused the injury. This could also include an event that makes an injury a worker already had, worse. These types of claims are more difficult to provide evidence for and it is all the more important that a doctor actually says in a written report that in their opinion, the worsening of the old injury was actually caused by the event at work.
Illnesses/ Diseases (Occupational Diseases)
Illness or Diseases that are caused by exposure to something at work are treated similar to an injury discussed above. The major issue is that a doctor must be able to say in a written report that the sickness or illness was in their opinion caused by something at work. This “something” could be repeated activities over time or exposure to substances that cause the illness or disease. There are some specific diseases/ illness that are only covered for certain professions identified in the law so it is important to seek legal advice whenever you have a question.