Idiopathic conditions are often related to work injuries. Whether or not these injuries are covered by workers’ compensation often depend on exactly how the injury occurred and what caused it. When looking at idiopathic conditions, it’s important to first determine what exactly does “idiopathic” mean?
Idiopathic refers to conditions that are spontaneous or pre-existing. Some examples of these kinds of conditions include things like:
It can also refer to more spontaneous conditions, such as if your leg were to suddenly give out.
So how do these conditions factor into workers’ comp? Well, if your pre-existing or idiopathic condition is the only reason for your injury, then chances are your injury will not be covered by workman’s comp. However, if the injury is the result of your work, you probably will be covered.
Regardless of whether or not your idiopathic condition makes you more likely to be injured, the important thing is that it was caused by your work. So in other words, even if you were predisposed to back pain, if you strained your back doing a routine part of your job, then that injury is probably compensable.
And of course, if you experience any kind of injury at work, always file an injury report with your employer. That way when it comes time to determine the exact cause of your injury, there will be a record of your injury.
If you are receiving Medicare and have been injured at work, you may have heard of Workers Compensation Medicare Set-Aside Arrangements or WCMSA. When dealing with workman’s comp and Medicare, you may be required to set up a WCMSA as part of your settlement.
If this happens, you will be asked to set aside a portion of your workers’ comp benefits in an account. This money will be used to cover treatment and medical procedures related to your work injury once you begin earning Medicare. However, it’s important to note that this money can only be used to cover things that are usually covered by Medicare with the exception of medication for your work-related injury.
The reason for this is account is because while workers’ compensation covers 100% of your work-related injury treatment, Medicare does not. In fact, Medicare only covers 80%. The WCMSA ensures that you will have money to cover that remaining 20% once your Medicare payments start.
As stated before, you can also use your WCMSA to pay for medication. If it looks like you might run out of funds to cover your medication, it may be worth looking into a Medicare Part D prescription drug plan.
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It’s summer time! And with the hot weather sometimes comes physically demanding jobs. Of course, a rise in the amount of work brings a rise in the number of accidents and injuries. Many times, we think we can “walk it off,” we tell ourselves that we’ll feel better eventually, or that it’s just part of the job. Sometimes the smaller aches and pains go away, but other times they might be part of a larger issue that only gets worse with time. That’s why no matter how small the injury, it’s important to report it — and to do it within 30 days.
This is no small matter. If you don’t report your claim to your employer in a timely manner, it could have negative consequences on your case. You must tell not only your employer, but also file a written report. That way there is physical evidence of your claim.
However, your claim doesn’t stop there. After you report your injury to your employer, you’ll have to file a workers’ compensation claim. In North Carolina, you have two years to file a workman’s comp claim. This is different from the initial report you give to your employer within 30 days.
Because you have two years to file for workers’ comp, you have a little more time to decide if your injury is serious before applying for benefits. That’s why it always pays to file a written injury report with your employer — because you never know what could turn out to be serious, and it’s always better to have written proof than nothing at all.
This summer, the North Carolina Supreme Court came to a decision on a case that is having a huge impact on the world of workers’ compensation. In fact, this ruling is one of the biggest things to happen to workers’ comp in several years. The outcome of Wilkes v. the City of Greenville changed the way we look at the coverage of symptoms and conditions caused by the initial injury. Read on to know the change brought about by this ruling, specifically on how workers comp cover additional conditions if you develop them.
In this case, a man was injured in a car accident while on the job. Not only did he sustain physical injuries, but he also suffered a concussion and tinnitus (or ringing of the ears). As a result of his accident, he filed for workers’ compensation. While initially, he made his claim to cover the physical injuries, he eventually wanted to extend the claim to also cover his depression and anxiety that had resulted from the accident.
His employer claimed that because symptoms such as the anxiety and depression were not directly caused by the accident itself nor were they mentioned in his first claim, they were not responsible for them. The court agreed.
Knowing this was unfair, the man took his case to a higher court. The North Carolina Supreme Court decided that the defendant has a right to ask for additional symptoms and injuries to be considered, even if they are not the precise injury that was initially claimed, and that his additional conditions should be covered.
Cases like this show the court’s dedication to upholding what is right and protecting the rights of individual workers. Because this is such a new ruling, it will be interesting to see how it goes on to affect future cases. Chances are, it’ll mean more people are getting the benefits that they need.
