Idiopathic Injury Lawyers
Have you, or a loved one, suffered an acute injury such as a stroke, heart attack or aneurysm in the workplace? If so, you may be entitled to benefits, medical care and financial compensation according to Delaware workers’ compensation laws. It is wise on your part to consult with a Delaware workers compensation lawyer serving the Wilmington, Newark, Dover and Georgetown, Delaware areas.
Contact the workers’ compensation lawyers at Beverly L. Bove Attorney At Law for a free consultation. Ms. Bove charges no legal fees if she does not recover for you and your family. Proudly serving all of Delaware including New Castle County, Kent County and Sussex County, Delaware.
Idiopathic Injuries Defined
According to current Delaware workers compensation laws workers’ compensation insurance covers sudden traumatic injuries that occur while an employee is working. This is assuming that the injury is due to the nature of the employee’s job and it does not fall into one of the exceptions. Many people believe this provision excludes workplace injuries that are partly caused by other factors, such as genetic predispositions to disease or personal health conditions. It is important to note that in many cases injuries such as a heart attack or stroke may qualify you for benefits under Delaware workers’ compensation law. This is especially when the idiopathic condition then leads to other injuries.
Are Workplace Idiopathic Injuries Compensable?
Idiopathic injuries arise acutely, either from an unknown cause or due to an individual’s pre-existing health condition. Some common idiopathic injuries and idiopathic conditions that can lead to injury include heart attack, stroke, epilepsy, seizures, fainting and diabetes.
These injuries and health conditions affect many adults each year. Studies by the CDC show that, annually, over 700,000 Americans have heart attacks; about 800,000 people experience strokes; approximately 2.3 million adults live with epilepsy and epileptic seizures; and almost 10 percent of Americans live with diabetes. Not surprisingly, these conditions or their related health effects may lead to many injuries in the workplace.
Obtaining workers’ compensation benefits in Delaware for these injuries can be difficult and can only be done by an experienced Delaware workers’ comp attorney. As the injury arises in part due to factors outside of the employee’s job duties and work environment proving that the injury was totally work related is very difficult. Delaware law requires that compensable injuries arise during work and due to the nature of the work. However, in some cases, idiopathic injuries may qualify for compensation. Please contact our team of Middletown Delaware workers’ compensation attorneys to discuss your idiopathic injury claim.
Direct and indirect injuries
Certain idiopathic injuries are directly compensable. Others are not. If a workplace injury victim has experienced one of the following injuries he or she may qualify for workers’ compensation benefits provided the injury occurs in conjunction with a physical injury:
– Heart attack
Injuries such as these may also entitle you to Delaware workers’ compensation benefits if working conditions raise the risk of the injury. As an example, physical labor can raise the risk of a heart attack. However, if one of these injuries occurs during normal interactions between employers and employees – for example, evaluations, transfers or terminations – the interaction would have to be exceptionally stressful or otherwise out of line for the injury to be compensable.
In other cases, injuries that result from idiopathic conditions may be compensable. For instance, after experiencing a stroke during work, an employee may fall and sustain a serious injury. However, the employee is only entitled to compensation if the nature of the employee’s job contributed to the injury in some way. The activity the employee was engaged in at the time of the injury usually matters significantly.
As an example, if an on-site construction worker suffers a stroke and falls while doing something that is not unique to the job, such as standing or walking, any resulting injury would likely not be compensable. Although the injury could technically be considered a construction site injury, the worker’s job duties did not create a heightened risk for the injury.
However, if the same construction worker experiences a stroke and subsequent fall while performing a specialized duty, such as working on a ladder, the claim could be found compensable. This is because the work-related task significantly raised the risk of injury from the fall.
Contact A Delaware Workers’ Comp Attorney
Determining whether a workplace injury involving an idiopathic condition is compensable can be difficult, as can obtaining appropriate compensation. Anyone who has experienced one should absolutely consult with a workers’ compensation lawyer handling idiopathic injury claims. Please do not hesitate to contact the Newark Delaware workers’ compensation lawyers at Beverly L. Bove Attorney At Law for a free consultation. Ms. Bove charges no fee unless she recovers for you.
She proudly serves all of Delaware including: Wilmington, Newark, Pike Creek, Hockessin, New Castle, Bear, Glasgow, Middletown, Odessa, Townsend, Smyrna, Dover, Milford, Harrington, Little Creek, Leipsic, Seaford, Laurel, Clayton, Georgetown, Dagsboro, Rehoboth Beach, Dewey Beach, Bethany Beach, Fenwick Island and Ocean View, Delaware.