Industrial Accident Attorney: Chronic Conditions

Law Blog

Not all injuries you suffer on the job are immediate or obvious. An industrial accident attorney can help you when you suffer chronic conditions you sustained on the job. 

Here are a few of the ways an industrial accident attorney can get you the resources you need to cope with chronic conditions related to your employment.

Building a Case for Causation

To establish a connection between your employer and your chronic condition(s), your industrial accident attorney must show causation. This means proving your health condition(s) can be reasonably linked to your time on the job and that your health condition(s) were not preexisting.

• Creating a Link: many chronic health conditions related to employment happen because of exposure to dangerous materials and/or physically dangerous health conditions. To begin, your industrial accident lawyer will need to understand every aspect of your employment. This should include work contracts, memos, employee handbooks, correspondences between your employer, and/or any other artifact that can show the nature of your work. Once your employer understands the nature of your job, they can begin focusing on the aspects that caused your chronic conditions.
• Health History: in addition to giving industrial accident lawyer access to employment documents, will also need to provide them with complete access to your health records. This means signing a notarized document to authorize your industrial accident lawyer with the power to access records held by your health provider(s) and allowing them to speak directly with your doctors. If your industrial accident lawyer can show that your chronic health condition(s) did not manifest until after you started working, they can begin to build a case for causation. It's important to remember when you begin this process to prepare yourself to discuss your health conditions candidly and openly. Your spouse or other important people in your life might also be asked to provide a formal statement about your chronic health condition(s).

Recouping Damages

The primary goal of an industrial accident lawsuit is to hold your employer accountable for the health condition(s) they caused.

• Settlements: if your employer can be convinced that your case has the potential to go to trial, they will often offer a settlement to avoid the time and expense of litigating the case. Although getting a settlement can provide the instant resources you might need, negotiating beyond the initial settlement should always be an option. Be sure to speak with your lawyer about your expectations for the case.

Reach out to an industrial accident attorney to learn more.

1 December 2022