WORKERS’ COMPENSATION

In the early 1900’s, workers had the right to sue their employer for body damage from toxic exposure. This right was then taken away (with industry lobbying when workers were successfully winning cases).

A worker now has NO LEGAL RIGHT to sue the employer even when the employer fails to follow OSHA law and regulations, is careless about worker protection, and intimidates workers who ask for better hazard protection. OSHA lacks funding to inspect the typical workplace more than about once or twice a century, and rarely once a decade. Compensation insurers should inspect the workplace and assure a healthy and safe workplace when they are selling insurance, but they too often neglect this duty.

Thus occupational disease occurs, and the doctor is often the only protector the worker has. If the doctor fails to identify early effects of exposure, disability can occur, and the hazard remains uncorrected, harming other workers. Thus while doctors logically are not fond of workers’ compensation (like cooks are not fond of washing dishes), if the doctor fails at early detection of chemical illness, this violates the sacred “DO NO HARM” of the Hippocratic Oath.

Workers’ compensation is just another insurer. Doctors seldom deprive patients of other insurance rights: it is merely a matter of learning how to use workers compensation when the worker meets criteria 1 through 5 above regarding workplace chemicals: How to Know Whether anExposure to Chemicals Caused an Illness.

  1. Prepare a report on criteria 1 through 5 as they apply to the patient, and what is their current health/disability level, current exam and test results. Any of this computer site sections can be downloaded and attached to the report as they apply:
  1. Brain effects that persists are Toxic Encephalopathy;
  2. Chronic upper and/or lower respiratory irritation that persists, was started by a single or repeated chemical exposure and continues to be exacerbated by lower levels of exposure that didn’t affect the patient before is called Reactive Airway Disease. Download and use these as appropriate.
  3. Detoxification testing can be done by challenge through Great Smokies Diagnostic Laboratory () to show whether and how detoxification has been impaired, etc.
  4. Discuss chemicals of exposure. See Hazardous Chemical section of this website, download and use as appropriate for the situation. If three or more chemicals are involved, the Chemical Mixture section is also scientifically appropriate.
  1. Some insurers request advance permission for visits, testing, etc. on a claim. A doctor’s staff can readily learn how to do this. If the insurer is unduly uncooperative, consider contacting the patient attorney for assistance. Trial Lawyers for Public Justice (202-797-8600) or also help.This is a nonprofit organization to help ensure the legal rights of Americans. A good patient worker compensation attorney can also help: however, their profits are strictly kept low by law and the quality of these attorneys varies widely. If your illness is well documented, it will better enable the attorney to help.
  2. Keep the insurer up to date on your clinical findings, treatment and testing recommendations. Request to speak with the nurse or physician of the insurer; also document in writing.

IF DOCTORS REFUSE TO TURN THEIR BACK ON OCCUPATIONAL DISEASE, WORKPLACES WILL BECOME HEALTHIER. Insurers need to inspect more often and insist that employers correct hazards. This will save future human health. It will also save future unnecessary medical costs, unnecessary disability, etc. It saves family impoverishment that accompanies disability of a breadwinner. It is ideal for society, but it takeshonest doctors to make and keep workplaces healthy.