If you have never heard the term idiopathic and the first time you do is when you have a work related injury, you probably are not very happy you heard it. As I have discussed in previous posts, 
in order for a work injury to be compensable, it must “arise out of” and “in the course” of your employment. An injury arises out of employment where there is some causal connection between the work environment under which you worked and your injury. Now, if your injury is denied based on an idiopathic injury, it means the employer and insurer believe your work environment did not cause your injury.
An idiopathic injury is defined as an injury which is either peculiar to the individual or arising spontaneously from an obscure or unknown cause. The key of course in these types of cases is determining what the “cause” of the injury or accident was really from. Consequently, whether an idiopathic injury is compensable will depend on the facts surrounding the accident.
One of the most common examples of an idiopathic injury for which the cause of the harm is unknown is the unexplained fall in the course of employment. Injuries from true idiopathic falls do not arise out of the employment unless the employment increases the risk or aggravates the injury by, for example, placing the employee in a position which increases the dangerous effect of the fall, such as on a height, near machinery or sharp corners, or in a moving vehicle.
In situations where your injury has been denied based on an alleged “idiopathic injury”, you may want to consult with an attorney to assist you with your claim. An experienced attorney should be able sit down and discuss with you whether you injury is truly idiopathic or, in fact, a compensable work related injury.
Jerry Sisk
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When I was in grade school I remember my math teacher telling me that it was not enough to show just your answer, instead, you needed to show how you got the answer. The same goes for establishing certain work related injuries. You need to be able to show ( prove) a relationship between your injury and your medical condition. Most of the time this is done by getting a medical doctor to write a report or provide in his medical notes that your work injury is the cause to your disability.
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When you have a work related injury it is important you keep the following in mind:
- Don’t miss your doctor appointments. Missing an appointment due to illness or a family emergency is one thing, missing appointments continuously is another which can drastically affect your workers’ compensation benefits. Cooperating with your doctors tells others that you are attempting to get better.
- Cooperate with vocational rehabilitation. In today’s economy it is tough to find a job when you are 100% it is even tougher when you have a disability. Make sure you are doing everything you can to find a job. One way of showing that to others is by cooperating with vocational rehabilitation.
- Return phone calls to your attorney. An attorney is there to assist you along the way. The only way this can occur is if you stay in contact with your attorney. Be proactive and keep your attorney up to date. Make sure you advise your attorney of changes such as loss of a job, a different job, new place of residence, change in physician, surgery recommendation, etc.
- Don’t give a recorded statement. Let me say this again, Don’t give a recorded statement.
- Be honest. Don’t embellish. Tell your doctor where you have complaints but do not exaggerate.
Don’t be afraid about retaining an attorney to assist you. In work comp an attorney does not get paid unless you recover. Most attorneys, including myself, offer free consultations for injured workers.
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When you are injured it is the responsibility of the employer to report an alleged injury, whether or not the employer agrees with the claim or not. The employer is responsible for completing this form. If the employer is unable or refuses to file this form, the DOLI may request that the insurer prepares one.
When is this form completed?
- within 10 days of the first day of disability or the date they were aware of the disability;
- within 48 hours of a death or serious injury.
When is it to be filed with DOLI?
This form must be filed with the Minnesota Department of Labor and Industry by the insurer if the claim results in the employee’s inability to work for a period of more than three days (or results in permanent partial disability):
- within 14 days of the first day of disability or the date the employer was aware of the disability, whichever is later;
- within 10 days of a request from the department, to complete a substitute filing of this form if the employer is unable or refuses to file this form.
Where is this form sent?
The employer must send this form to:
- the workers’ compensation insurance company;
- the employer;
- the employee.
If you are injured, make sure you get a copy of the FROI to confirm the information is accurate. If the employer or insurer fail to provide you with a copy, notify the Minnesota Department of Labor and Industry and request a copy from them.
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