Denied because of "ordinary disease of life"

[lcwswa]

What is the name of your state?
Texas

I cut my leg while at work, my supervisor and I treated it with ointment and bandages. Over the course of a week it got worse and worse. It developed a very serious infection (MRSA) that caused be to be hospitalized for over a week. My employer has denied my claim because they said it was an ordinary disease of life. I have a statement from my supervisor showing I injured it at work, a statement from the hospital doctor saying it started from the cut, and a statement from my PCP saying it started and spread from the cut. My company says it doesn't matter - it is an ordinary disease of life that the general public is exposed too.

 

[Veronica1228]

Bump......

 

[Beth3]

I expect you mean that your employer's worker's compensation carrier denied the claim. When the WC carrier sent you the letter of denial, it would have included information on how to appeal the decision and file for a hearing with the State. If it's not too late to do so, that's what you need to do.

You will find this process much easier if you consult with a worker's compensation attorney first. WC regulations and the hearing process are sufficiently complex that the great majority of individuals don't do this on their own.

If, on the other hand, your employer did indeed refuse to file a First Report of Injury with their Worker's Compensation carrier for the infection after you told them you felt this was worker's comp, the they violated WC reg's and you need to pursue that with the State as well.