Workers’ Comp Claims and Work-Related Illnesses
While the majority of workers’ compensation claims arise from physical injuries suffered while on the job, it is important to remember that you may be entitled to workers’ compensation if you are unable to work due to a work-related illness. For example, power plant or shipyard workers who have been diagnosed with asbestos-related illnesses due to the nature of their work may be able to receive benefits through workers’ compensation. There are unique considerations you should be aware of when filing an illness-related claim. If you are unable to work due to an illness you believe was caused by your occupation, the best thing you can do is discuss your case with an experienced Raleigh workers comp lawyer.
The Basic Elements of a Workers’ Comp Claim
In any workers’ compensation claim, you need to prove the following:
- That your injury or illness was sustained in the course of your employment; and
- That your injury or illness leaves you unable to work.
In many injury cases, proving these elements is relatively straightforward. Injury-related claims are usually due to an accident, and claimants can rely upon incident reports and witness statements to prove that they were injured in the course of their employment. In addition, the injury is obvious, as well as how it leaves you unable to work.
How Illness-Related Workers’ Comp Claims Are Different
The first element can be a challenge in many illness-related claims because your illness may have developed over time. To prove an illness claim, you have to identify some condition in your workplace that led to your illness. For people who regularly work with toxic substances and other hazardous environments, this may be easier than it is for others. It can also be challenging if you suffered from a pre-existing health condition that was exacerbated by your employment.
Depending on the nature of your illness, it can also be difficult to demonstrate that you are unable to work. While severe illnesses that are obviously debilitating are easier to prove, other chronic illnesses can be more difficult. For example, someone who is severely fatigued due to their ongoing medical treatment may face skepticism that they are truly unable to work.
How a Raleigh Workers’ Comp Lawyer Can Help
In most illness-related workers comp claims, the key to getting your claim approved is in thoroughly documenting your illness and how it impacts your ability to work. This can be a challenge for most people when they are sick and unable to manage their daily lives. A Raleigh workers comp lawyer can work with your medical provider to get the documentation you need to clearly demonstrate why you should receive workers’ compensation benefits.
Contact a Raleigh Workers’ Comp Lawyer Today
If you’re unable to work due to illness and wondering whether you should pursue a workers’ compensation claim, a Raleigh workers’ comp lawyer at Martin & Jones can provide you with the guidance you need. To schedule a free consultation to discuss your case, contact us today at 800-662-1234.Share This
The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.