Medical Causation in Workers' Compensation Cases
The term "Medical Causation" in the context of a workers compensation case refers to the burden that an injured worker has to prove that the injury, which is a medical condition, was caused by the work accident. The Missouri Workers’ Compensation Law was amended in 2005 to include some "magic language" that an injured worker has to prove in order to have a viable workers compensation case. The new 2005 law made it for the injury to be compensable, an injured worker now has to prove that the work injury was the “prevailing factor” in causing the injury and level of disability and medical condition. Medical causation is needed in cases where some kind of trauma happened or where an employee is injured by an occupational exposure or repetitive stress that is part of their employment.
The law devines the "prevailing factor" as the primary factor in comparison to any other possible factor resulting in the employee’s injury. For example, in carpal tunnel cases, the injured worker now has to prove that the repetitive stress of the work (typing, jack hammering, using the hands over and over again) is the “prevailing factor”, and not another type of disease that can be a factor in causing carpal tunnel, like obesity, diabetes, or thyroid problems. These cases are very difficult to prove without a “medical causation” opinion from an independent doctor, which is what we have to seek in these types of cases when there is another possible factor involved in the injured worker’s health history.
Employees commonly seek our assistance in their work injury claims in helping determine the cause of their injury. Our firm commonly requests independent doctors and medical professionals evaluate our clients in a clinical setting to determine the precise cause and extent of injuries.
No Recovery, No Fee!
The Hein Law Firm accepts injury cases on a contingency basis. This means you only pay attorney's fees if we get you compensation. For a free consultation with an Lawyer Experienced in Medical Causation Workers Compensation Issues, call us at 314.645.7900, or contact us online.