Illness Due To Working 12 hour Rotating Shifts

[lodimoony]

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.

 

[cbg]

What is the name of your state?

 

[Just Blue]

What is the name of your state?

Whats up with all these posters not posting the state?

 

[lodimoony]

Sorry for the omission. California

 

[Just Blue]

Sorry for the omission. California

Thanks!! Now you will get more relivent advice!!

 

[Ladyback1]

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.

What is the diagnosis? What objective medical findings do you have from your doctor that your diagnosis is work related? What testing?


Can your doctor state with a degree of medical probability that your employment is more than 50% responsible for your job?

Could you have received this diagnosis regardless of where/when you worked? (meaning is it a diagnosis that is relatively common) How old are you (roughly)?

 

[lodimoony]

What is the diagnosis? What objective medical findings do you have from your doctor that your diagnosis is work related? What testing?

Chronic Fatigue Syndrome. Statement from Doctor that long-term rotating shifts have caused my condition. Comprehensive testing over 16 month period.


Can your doctor state with a degree of medical probability that your employment is more than 50% responsible for your job?

Yes.

Could you have received this diagnosis regardless of where/when you worked? (meaning is it a diagnosis that is relatively common) How old are you (roughly)?

Its not where I worked or what occupation i had but being employed in a job where I worked rotating 12 hour shifts over a long period of time. Late 40s.

 

[Just Blue]

Its not where I worked or what occupation i had but being employed in a job where I worked rotating 12 hour shifts over a long period of time. Late 40s.

Whats the rotation? 4 days on and 3 off?

 

[cbg]

The fact that one doctor states conclusively that your illness was directly caused by this does not mean that another doctor will agree.

There is nothing in the law that will prevent you from attempting a workers comp claim. However, keep in mind that HIPAA expressly and in so many words excludes workers comp situations so if you do, your employer will have access to all your relevant medical records. Additionally, if during that 16 months of testing you ever checked off the box that said it was not work related, you can kiss any workers comp claim goodbye.

 

[lodimoony]

Whats the rotation? 4 days on and 3 off?

4 on 4 off.

 

[Just Blue]

4 on 4 off.

At 48 (me) would love that!!

CBG is the employment law expert...follow her advice if an attorney does not respond to you thread.

Good Luck to you !!

Blue

 

[lodimoony]

The fact that one doctor states conclusively that your illness was directly caused by this does not mean that another doctor will agree.

There is nothing in the law that will prevent you from attempting a workers comp claim. However, keep in mind that HIPAA expressly and in so many words excludes workers comp situations so if you do, your employer will have access to all your relevant medical records. Additionally, if during that 16 months of testing you ever checked off the box that said it was not work related, you can kiss any workers comp claim goodbye.

Thanks for the information, if anyone on this forum can point me towards any precendents or similar cases that would be greatly appreciated.

 

[Ladyback1]

Its not where I worked or what occupation i had but being employed in a job where I worked rotating 12 hour shifts over a long period of time. Late 40s.

Just so you know:

There are no medical tests that show Chronic Fatigue. All the testing you had done was most likely was to rule out other illnesses/conditions. To my knowledge, there is no blood test or radiological test that will say conclusively "yep, it's chronic fatigue."

It's not where you worked or what occupation you had???? But, you do have an employer, correct?? When was the last time you worked?

I don't think you really have a good case for work comp. You'd probably have a better shot at applying for SSDI!

 

[cbg]

You're not going to find a legal precedent that says, if you have CFS after working a rotating shift that is always/sometimes/never going to be considered workers comp. That's not how it works. There isn't a list of conditions that are considered workers comp.

As for finding other cases, you've heard of HIPAA perhaps? Do you really think other people's medical cases are available on a data base for you to search? Would you like your medical condition to be out there for all the world to read about?

 

[Nellibelle]

Thanks for the information, if anyone on this forum can point me towards any precendents or similar cases that would be greatly appreciated.

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.