What is the difference between an accidentand a disease for purposes of workers compensation?
1.If we generally assume that workers compensation law requires aninjured worker to be able to state the date time and cause of his/heraccident then why do we not do this for repetitive trauma injuries (RTI) suchas carpal tunnel syndrome?
Answers
RTI are different because they may be pre-existingand thus we only accept injuries of those employees who get injured whenworking for us.
We do not require employees to tell us when theyare injured if they have a RTI.
If an employee cannot tell us the date androughly the time of their RTI then they cannot get benefits under workerscompensation.
RTI are different because we basically look atwhen the RIT becomes a disabling event meaning when the employee can no longerdo their job that is the date of injury for purposes of workers compensation.
2) What is the difference between an accidentand a disease for purposes of workers compensation?
The terms disease and accident are no longermutually exclusive. In most states any disease is compensable if it follows asa natural consequence of any injury which has qualified independently asaccidental.
A disease occurs over time and an accident musthave been a sudden unexpected or violent event resulting in an injury.
Both A and B
None of above
3) Infectious diseases are deemed accidents when?
They are due to a scratch or through unexpectedor abnormal exposure to infection.
There was an intentional exposure by theemployee.
They were sexually transmitted.
None of above
All above
4) In most states the workers compensationbenefits for an occupational disease are ?
Significantly different than occupationalinjury.
Significantly higher than an occupational injurybecause most of these diseases like black lung are incurable.
The same as any other kind of disability.
None of Above
5)In most states carpal tunnel syndrome isstill considered a disease rather than an accident.
True or false?
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