To determine if an illness is work-related for workers' compensation, two main factors are evaluated:
- Arising out of employment: The illness must be caused by something specific to the job duties or work environment. There needs to be a clear connection between the work and the development of the illness.
- In the course of employment: The illness must have occurred while the employee was performing work duties or engaging in work-related activities.
Here are some additional details that can help with the determination:
- Traditional occupational illnesses: These are well-established connections between specific jobs and illnesses, like black lung disease in coal miners or carpal tunnel syndrome in assembly line workers. For these, proving a work connection is usually easier.
- Increased risk: If the job exposes the employee to a higher risk of contracting a particular illness compared to the general public, it strengthens the case for work-relatedness. For example, healthcare workers and COVID-19.
- Pre-existing conditions: If a work environment aggravates a pre-existing condition, the worsening can be considered work-related.
The burden of proof usually lies with the employee to show a connection between the work and the illness. This might involve medical documentation, witness statements, or evidence of specific hazards in the workplace.
It's important to note that workers' compensation laws vary by state. In some cases, there might be presumptions that certain illnesses are work-related for specific professions. Consulting with an attorney or your state's workers' compensation agency can provide more specific guidance.