Telling the Difference
Causation of Injury is basically dealing with whether or not the injury a person sustained arose out of employment and occurred in the course of employment. It triggers the right to medical treatment if the cause just so happens to be industrial. Causation of Disability, on the other hand, deals with a determination of permanent disability and the telling of both industrial and non-industrial factors. Physicians involved in the litigation process and told to make determinations on a patient will have to provide substantial medical evidence in a case. They need to know the distinctions between the two types of causation for the simple fact that delays and negative results may come from the litigation process if they are not careful.
“But For” Causation Involving Personal Injury
If you have received an injury from an accident on the job, then the negligent conduct must be the cause of the injury. This is the only way that you will be able to recover for it. “But for” causation is whether the injury would have occurred “but for” the bad or negligent conduct that took place. If an injury would have occurred no matter what the defendant did, then the alleged party would not be liable for the injury. It must be proven that the negligent party’s actions were the causing factor for the injury happening. Furthermore, all damages must be related. This means that there has to be a connection between negligent conduct and the harm that resulted from it.
Causation of Injury in a Real-Life Situation
In the real case known as Contreras v. Ecolab in 2012 California, David Contreras was working in a job as an exterminator. He was involved in a car accident that was work-related and testified that, at the time of the collision, his knee was smashed up against the steering wheel, which resulted in knee injuries. The car accident was clearly industrial, but defense claimed that the knee injury was actually non-industrial and came from Contreras’ prior years of involvement in soccer. A judge reviewed information that Dr. Larsen (his specialist) provided saying it was definitely industrial, and medical evidence held more basis than the fact that it had been quite some time since he had played soccer. Causation of injury came into play in this case and a need for medical treatment in the end. The cause of injury was deemed industrial, and the defense was held liable for medical treatment stemming from said injury.
What More Should I Know and Be Prepared For?
It is important for you to obtain substantial evidence. Medical evidence is often necessary in an AOE/COE (Arising Out of Employment/Course of Employment) priority trial. If the plaintiff believes that there was industrial causation, then there should be medical evidence presented to support the theory of non-industrial causation. There should always be a doctor on hand to provide proof and commentary on whether or not the mechanism of injury deals widely with the injury that was apparently sustained. If failure occurs, the case could fall apart.