When you think of a workers compensation claim, you may initially imagine cases like broken bones, burns or lead poisoning. But while these splashy scenarios may all be eligible for workers compensation, you may also be entitled to compensation for more insidious problems such as consistent sleep deprivation. Proving a claim of sleep deprivation may be more difficult than something like a broken leg, but if you have suffered real damages as a consequence of being overworked, you should be able to seek the benefits you need with the assistance of an experienced attorney.
Distinguishing Specific and Cumulative Injuries
A single long night at your job is not enough to qualify for compensation in most cases, since a few hours of lost sleep will have a negligible influence on your health in the long run. Sleep deprivation only becomes a problem when it builds up over time, particularly if it occurs multiple times per week. Common outcomes include heart disease, obesity, depression and an increased risk of stroke, among others. This is known as a cumulative injury in workers compensation claims, as opposed to a specific injury like a burned arm.
Demonstrating an Unreasonable Workload
In order to qualify for workers compensation, you must be able to prove that your loss of sleep was a direct consequence of the actions of your employer. If, for example, your boss expects you to answer phone calls in the middle of the night or keeps you late every evening, he or she may be held responsible for its negative impact on your health. In cases where you are still working for this employer, begin documenting calls or your hours worked to prove the abuse in question. Otherwise, you may need to request formal records of your hours worked through your workers compensation attorney.
Documenting Physical or Psychological Damage
Of course, in order to set a figure for your compensation, you must be able to show that you have suffered physical or psychological damage as a consequence of your sleep deprivation. This can often be accomplished by visiting a doctor or therapist, who should be able to determine whether or not your condition could be reasonably caused by sleep loss. This testimony can then be used in court to argue in your favor and begin determining the compensation you require.
Working With a Workers Compensation Attorney
Sleep deprivation caused by a negligent or malicious employer can be difficult to prove without clear, documented evidence, which makes it all the more important to seek out the services of an experienced workers compensation attorney. An attorney will be able to assess the likelihood of your case, assemble the evidence you need and negotiate with your employer to get you the best deal possible. If you have been struggling to stay awake and are dealing with the ramifications of sleep loss for months, years or even decades, now is the time to receive what you are owed.
For more information, contact Zavodnick, Perlmutter & Boccia LLC or a similar firm.Share
26 July 2016
When you get into a serious car accident, things can become complicated quickly. In addition to worrying about other lawyers and problems with your vehicle, you might also be left with serious injuries that keep you from enjoying your life. On top of everything else, you might be left with a huge stack of medical bills, and it can be hard to know what to do next. I want you to understand that there is hope, which is why this blog is all about hiring an attorney. By using this advice, you might be able to streamline your case and enjoy a larger settlement.