Do you suffer from a health condition, such as diabetes? Were you aware that it may impact the settlement you receive in a workers compensation lawsuit?
This is because it is up to the court to decide how much of your injury resulted from them having diabetes and how much of it resulted from the job that you were doing. As a result, there are certain factors the court must consider, including the job duties you had, the extent of your illness and others.
What is Diabetes?
Diabetes is a medical condition where an individual suffers from high glucose levels (high blood sugar). The conditions is caused because the individual is unable to create enough insulin or because their body doesn’t respond to insulin the way it should. In some cases, a person may have both issues present.
There are three basic types of diabetes:
- Gestational Diabetes: This only affects pregnant women. It usually occurs in women with high sugar levels and their body being unable to produce the insulin needed fast enough.
- Type 1: This occurs when the body is unable to produce adequate amounts of insulin. It is not extremely common and only occurs in approximately 10% of people. This type requires a person to have insulin shots for the remainder of their lives, follow a special diet, and constantly check their sugar levels.
- Type 2: This results in the body not producing enough insulin for the body to function properly or the person’s body doesn’t react to the insulin properly. It is extremely common and about 90% of people with diabetes have this type. It typically gets worse as time passes.
Diabetes and Your Job
If you have diabetes, it may affect your ability to work. If you suffer an injury while on the job, it can even effect the workers compensation claim you file. Some of the ways diabetes may affect this claim include:
- If having diabetes caused you to be unable to perform your job.
- If your work activities resulted in the injuries or if they resulted from a case of progressive diabetes.
- If a person should receive disability benefits at all.
This is not a decision that is easy for the court to make. They will have to hear testimony from experts and doctors to accurately determine what percentage of the injuries resulted from diabetes. It is smart to hire an attorney to work on your case and look out for your best interests. They can gather evidence and work with expert witnesses to prove that the working environment, not your diabetes, resulted in the injury you suffered.
Get in Touch with an Experienced Boca Raton Worker Compensation Lawyer today
Any workers compensation claim is difficult. Having the right Boca Raton workers compensation attorney on your side is the best way to ensure you get the compensation you deserve. Contact our legal team at Sternberg / Forsythe, P.A. to learn more.