Injuries and Illnesses a Boise Workers’ Comp Lawyer Can Help Compensate
Were your hurt on the job or developed a disease due to work-related conditions? It is difficult to know for sure if you qualify for workers’ compensation. Your employer or their insurer will probably try to prove that you don’t. That is why you should consult a Boise workers’ comp lawyer.
Idaho laws do not provide an exhaustive list of injuries and diseases. They rather define the categories and some general conditions the claimant needs to meet. We will review them in the following lines.
Compensable Injuries and Diseases through the Eyes of a Boise, ID Workers’ Comp Lawyer
Idaho workers’ compensation law provides several definitions and guidelines regarding injuries. These will allow you to determine if your particular case qualifies for benefits or not.
To prove your compliance with the law and obtain the benefits, you should consult a Boise workers’ comp attorney. Here are the definitions, according to Idaho Code Title 72, Chapter 1:
It is any personal injury arising out of an accident related to work duties or occurred during employment. The injury should occur while the employee is engaged in ordinary work, due to employment related conditions.
It is an unexpected and unlooked for workplace mishap or event that causes injuries. The event should occur during work hours and in a work-related location.
3. Occupational Disease
It is the disease resulting from the nature of the employment. The claimant will need to prove the existence of such disease hazards at their workplace. They will need to prove that the disease is common for their trade, occupation, or employment. It should have occurred due to and during employment.
It is the event in which an employee becomes unable to work due to a work-related injury or disease. In the case of employees suffering from silicosis, disablement means the first instance of incapacitation.
It is a fibrotic lung condition resulting from prolonged exposure to silicone dioxide dust.
To find out if your particular case falls under these definitions, discuss it with a Boise workers’ compensation attorney!
When Does a Psychological Injury or Disorder Qualify as Work-Related Injury or Disorder in Idaho?
Idaho laws generally exclude mental injuries, conditions, or disorders from compensation. That is why claims for such affections should be handled by Boise workers’ comp attorneys. They will need to prove that the affection meets one or more of the following conditions:
- It followed a workplace accident and physical injury.
- A physical work-related injury or disease preceded it.
- The primary cause was a sudden unusual event.
Mental injuries arising out of conditions common to most working relations are not compensable. Neither are those arising from:
- The employee’s actions
- Changes in duties or work scope
- Employee evaluation or termination
The employee claiming benefits for mental injuries will need evidence as well. They will need to document their condition. The diagnosis should be in the American Psychiatric Association’s Diagnostic and Statistics Manual. It should be established by a licensed psychologist or psychiatrist.
Injuries and Diseases a Workers’ Comp Lawyer May Not Be Able to Compensate
Idaho laws deny compensation to employees acting with the intention to harm themselves or others. They also rule out injuries and accidents taking place because of the employee’s intoxication.
There are three exceptions to this rule:
- The employer furnished the substances that impaired the employee.
- The employer had knowledge of the employee’s intoxication.
- The substances were prescribed by or furnished directly by a physician. This exemption does not apply to employees who do not follow dosage or use instructions.
Finally, injuries arising from aggressive behavior between employees are not compensable either. Neither are injuries due to the employee’s disregard for work safety regulations.
It is easy to see that all the above legal stipulations leave room to interpretation. Any insurance company or employer will try to interpret them in their favor. To make sure you receive the compensation you deserve, you should consult a workers’ comp lawyer in Boise.
The latter will review your medical reports. They will check if your employer has workers’ compensation insurance. They will teach you how to approach your case. Finally, if you let them, they will take over all the hassles.
Consult a Boise, ID Workers’ Comp Lawyer Now!
Would you like to find out if you are entitled to workers’ comp benefits? Do you need help with your claim? Our law firm has handled numerous cases like yours. Call our law offices at 208-314-3188 and schedule a consultation with our workers’ comp lawyer, Joe Frick!