Can I File a Workers’ Comp Claim if I Caught a Disease at Work in Tampa?
Many workplaces put numerous people together in tight spaces, making it relatively easy to transmit and catch various diseases and illnesses. If you believe that you caught your current illness at work, you might wonder whether this could lead to a valid workers’ comp claim. Could you receive compensation for this type of situation? You might want to ask a Tampa workers’ comp lawyer for further guidance.
A Normal Flu or Cold Will Probably Not Lead to Compensation
If you have developed a relatively basic cold or flu, you will probably struggle to recover compensation. This can be challenging for various reasons. First, you need to prove that you caught the flu or a cold while at work. This can be extremely difficult because there is no way of confirming whether this is true. An insurer might argue that you could have caught the flu from a family member at home. They might also contend that you caught the illness at the gym or at a restaurant.
In addition, official sources indicate that flus and colds rarely lead to valid workers’ compensation claims. For example, the Department of Labor states that “exposure to the flu virus alone does not give right to compensability.” While this official messaging only applies to the Division of Federal Employees’ Compensation, the same basic logic is true with normal employees in Florida.
At the end of the day, it might make more sense to simply take a few sick days. If you can’t miss any income due to financial pressures, it might also be necessary to go to work with flu symptoms and “tough it out.”
Other Occupational Diseases Can Lead to Valid Workers’ Comp Claims
Aside from the flu, various occupational diseases could in fact lead to valid workers’ compensation claims. As long as you can prove that you developed the disease as a direct result of your workplace duties, you should be able to file a valid claim and recover compensation.
There are limitless examples of qualifying occupational diseases to consider. Some of the most common include mesothelioma (from asbestos exposure), the black lung, lead poisoning, cancers, rashes, and so on. You may also be more likely to develop certain diseases if you work closely with certain materials, plants, or livestock.
As a general rule, it makes sense to discuss your unique circumstances with a lawyer in order to determine whether your illness could lead to a valid workers’ compensation claim.
Can a Tampa Workers’ Compensation Lawyer Help Me?
A Tampa workers’ compensation lawyer may be able to help if you’re concerned about workplace diseases and illnesses. While you might struggle to recover compensation after developing a flu or cold, other illnesses could potentially lead to valid claims. For further guidance, it makes sense to discuss your unique circumstances with a lawyer. Continue this conversation with The Franco Law Firm today.
Source:
dol.gov/agencies/owcp/dfec/fluguidance