Can I Get Workers Comp for Fibromyalgia?
Fibromyalgia is a painful and debilitating condition, yet collecting Workers Compensation for fibromyalgia is extremely difficult – if not almost impossible. In this article our Long Beach Workers Comp lawyers discuss under what conditions you can collect Workers Compensation for your Fibromyalgia.
Why Getting Workers Comp for Fibromyalgia is Difficult
To collect workers comp for any medical condition, you must be able to prove that it was the result of an accident, injury, or condition in the workplace.
One difficult aspect of fibromyalgia is that its causes are not completely understood. Possible causes of fibromyalgia include heredity, infections such as Lyme Disease & Hepatitis C, and autoimmune disorders including rheumatoid arthritis and lupus.
Research also indicates that a large portion of people with fibromyalgia note that symptoms began after a traumatic event, such as an accident, injury or upsetting experiences. Evidence strongly suggests that car crashes and workplace accidents are among the most common events that can trigger fibromyalgia.
However proving cause and effect between a workplace accident or injury and your fibromyalgia is challenging. Because there is no specific laboratory test for fibromyalgia, doctors must rule out all other possible disorders.
The Law on Workers Comp for Fibromyalgia
In 2004, the legislature incorporated the American Medical Association (AMA) Guides into the Workers Compensation laws. And fibromyalgia was not included in those guidelines. To complicate matters a different medical condition called Complex Regional Pain Syndrome (CRS) was found within the AMA Guides and can be compensable under Workers Comp.
So Workers Comp awards for fibromyalgia basically legally “fell out of favor”. Additionally, a number of court decisions and regulations across the country have flat out stated that fibromyalgia should not be accepted as an industrial injury or occupational disease. This can put a “chilling effect” on other judges who are considering fibromialgia Workers Comp case.
In Washington, for example, The Department of Labor & Industries, along with the State Medical Association’s Industrial Insurance Guideline Subcommittee, determined that there is not sufficient medical data at this time to establish a causal relationship between an industrial injury or occupational exposure and the development of fibromyalgia.
Best Long Beach CA Workers Comp Lawyers
The highly experienced workers comp lawyers at the law firm of Cantrell Green have aggressively protected the rights of injured workers for more than four decades. If you believe that your fibromyalgia was caused by an accident, injury or conditions within your workplace, we would be happy to speak to you.
While many other California workers comp lawyers will turn away fibromyalgia claims – we will take the time to look at your medical records, and your entire situation, and evaluate your case. Fibromyalgia can be an excruciating and debilitating condition and we are here to help you understand the benefits for which you may qualify. And, in the event you do not qualify for workers comp, our lawyers can help you explore other options – such as Social Security Disability.