Illness Due To Working 12 hour Rotating Shifts

[quincy]

I have had to resign from work due to a fatigue-related illness which my Doctor says was caused by working rotating 12 hour shifts over a long period of time.

Are there any legal precedents or other cases in which long-term rotating 12 hour shifts have been put forward as Workers Compensation?.

Thanks.

I agree with cbg and Ladyback1. There is nothing that prevents you from filing a worker's compensation claim (keeping in mind cbg's earlier caveats) and you can also file for SSDI benefits (as suggested by Ladyback1).

There have been worker's compensation cases where chronic fatigue syndrome has been one of the conditions claimed but, after a brief search, I couldn't locate a published case that involved rotating shifts. As cbg said, due to privacy concerns these cases are generally not available for the public to view.

That said, and although the following worker's compensation case is not out of California and it is not especially relevant to your expressed concerns (other than for a brief discussion of CFS), here is a link to a worker's compensation case from the Appellate Court of Illinois where it was determined, based on the facts of the case, that the chronic fatigue suffered by the worker was not a work-related condition:

https://www.state.il.us/court/R23_Orders/WorkersComp/2011/March/3100148WC_R23.pdf

With a number of recent studies on sleep deprivation and with increasing attention being paid to how a lack of sleep affects workers, I imagine there will be a corresponding increase in the number of worker's compensation claims being filed that involve CFS.

Here is a link to the Social Security Administration's ruling, effective May 8th of this year, on Chronic Fatigue Syndrome and how claims involving CFS are to be evaluated:

https://secure.ssa.gov/poms.nsf/lnx/0424515075

 

[lodimoony]

Sorry, but there is just no way you would be successful filing a W.C. claim based on alleged chronic fatigue for working 12 hour shifts (4 days on, 4 days off)! Such claim would be denied and ultimately dismissed by the ALJ if it got that far! I totally believe you may be disabled with chronic fatigue, but it would be very very hard to prove it work-related as others in this thread suggest.

Thanks for your opinion however my medical and legal advice is that the case has merit and my highly regarded legal firm has agreed to proceed with it on a no-win-no-fee basis. This tells me that I do indeed have a cahnce of being successful, Cheers.

 

[lodimoony]

Sorry, but there is just no way you would be successful filing a W.C. claim based on alleged chronic fatigue for working 12 hour shifts (4 days on, 4 days off)! Such claim would be denied and ultimately dismissed by the ALJ if it got that far! I totally believe you may be disabled with chronic fatigue, but it would be very very hard to prove it work-related as others in this thread suggest.

Thanks for your opinion however all medical and legal advice is that I have a valid claim and a prominent law firm has agreed to represent me on a no-win-no-fee basis. Clearly their legal opinion is that the case is strong and very winnable.

 

[lodimoony]

I agree with cbg and Ladyback1. There is nothing that prevents you from filing a worker's compensation claim (keeping in mind cbg's earlier caveats) and you can also file for SSDI benefits (as suggested by Ladyback1).

There have been worker's compensation cases where chronic fatigue syndrome has been one of the conditions claimed but, after a brief search, I couldn't locate a published case that involved rotating shifts. As cbg said, due to privacy concerns these cases are generally not available for the public to view.

That said, and although the following worker's compensation case is not out of California and it is not especially relevant to your expressed concerns (other than for a brief discussion of CFS), here is a link to a worker's compensation case from the Appellate Court of Illinois where it was determined, based on the facts of the case, that the chronic fatigue suffered by the worker was not a work-related condition:

https://www.state.il.us/court/R23_Orders/WorkersComp/2011/March/3100148WC_R23.pdf

With a number of recent studies on sleep deprivation and with increasing attention being paid to how a lack of sleep affects workers, I imagine there will be a corresponding increase in the number of worker's compensation claims being filed that involve CFS.

Here is a link to the Social Security Administration's ruling, effective May 8th of this year, on Chronic Fatigue Syndrome and how claims involving CFS are to be evaluated:

https://secure.ssa.gov/poms.nsf/lnx/0424515075

Brilliant, thanks so much for the information and links. Greatly appreciated!.

 

[racer72]

Thanks for your opinion however my medical and legal advice is that the case has merit and my highly regarded legal firm has agreed to proceed with it on a no-win-no-fee basis. This tells me that I do indeed have a cahnce of being successful, Cheers.

You just pegged the Free Advice BS meter. So you found a law firm in a little under 7 hours on a Thursday evening. How many of their commercials did you watch before you called?

 

[commentator]

Yep, I call bull on this one too. Even if it was determined to be a work related chronic fatigue syndrome, all the crack legal team you've hired so quickly will get is a big percentage of what you would have gotten anyhow, because they have very distinct cut and dried amounts of money that they pay out to worker's comp cases, no larger "big settlement" from the company is going to happen just because of the particular attorney you've hired.

 

[cbg]

Either this is a troll, or this poster has no idea what it would mean for this to be declared workers comp. Or both.

If he thinks it means a windfall of huge money or a lawsuit, he's got another think coming to him.

 

[lodimoony]

Either this is a troll, or this poster has no idea what it would mean for this to be declared workers comp. Or both.

If he thinks it means a windfall of huge money or a lawsuit, he's got another think coming to him.

Yourself and several others might want to follow the good example of quincy and actually provide some positive input or helpful information into the issue instead of snarking away with irrelevant comments and low-brow insults. Youre only filling up server space with blither and after all, this is actually a help forum for people seeking information and assistance for compensation matters.

 

[cbg]

And I provided you with information. The opinions you get for free.

If you are dissatisfied with the way the forum works, the door out works the same as the door in.

Otherwise, why don't you tell us what you think will happen if by some miracle, this is accepted as a workers comp claim? What benefits do you think that will provide you with that you don't have otherwise?

 

[Just Blue]

Yourself and several others might want to follow the good example of quincy and actually provide some positive input or helpful information into the issue instead of snarking away with irrelevant comments and low-brow insults. Youre only filling up server space with blither and after all, this is actually a help forum for people seeking information and assistance for compensation matters.

You are free to seek legal advice from a local attorney so that you thread does not fill up "server space".

Have a good weekend
Blue

 

[lodimoony]

And I provided you with information. The opinions you get for free.

If you are dissatisfied with the way the forum works, the door out works the same as the door in.

Otherwise, why don't you tell us what you think will happen if by some miracle, this is accepted as a workers comp claim? What benefits do you think that will provide you with that you don't have otherwise?

The forum works quite well when people such as quincy provide excellent assistance and information. Putting up with petty, small-minded people who want to deride and insult posters seeking information is just the price you pay.

And you better get your head around the fact that illnesses such as CFS and sleep disorders have been linked to 12 hour rotating shifts and there have already been successful court judgements to that effect. The first step toward wisdom is realising that there are many things you dont know and other things you have to change your attitudes to when you realise you were wrong.

 

[lodimoony]

You are free to seek legal advice from a local attorney so that you thread does not fill up "server space".

Have a good weekend
Blue

Would be better and much more original if you thought up your own observations instead of borrowing mine.

 

[Proserpina]

Ermergerd these goodly folk are right...now what am I gonna say to impress them?!

You have been advised by a couple of the most well-informed professionals you could ever dream of meeting.

Take your fake story elsewhere.

 

[lodimoony]

You have been advised by a couple of the most well-informed professionals you could ever dream of meeting.

Take your fake story elsewhere.

Take your fake quote elsewhere, they might think they are professional but they are far from it judging from their juvenile behavior which would not be out of place in a junior school. Quite humurous really.

 

[Proserpina]

Well, I can't fault you for trying to provide entertainment this lovely evening.

Now run along.