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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Minnesota OSHA and workers compensation

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA’s role is to assure the safety and health of workers in Minnesota workers by setting and enforcing standards. If an employee or worker takes it upon himself or herself to report an employer violation that employee or worker cannot be retaliated against.

The following are excerpts taken from the OSHA fact sheet for a whistleblower’s rights:

• You may file a complaint with OSHA if your employer retaliates against you by taking unfavorable personnel action because you engaged in protected activity relating to workplace safety and health, commercial motor carrier safety, pipeline safety, air carrier safety, nuclear safety, the environment, asbestos in schools, corporate fraud, SEC rules or regulations, railroad carrier safety or security, or public transportation agency safety or security
• Your employer may be found to have retaliated against you if your protected activity was a contributing or motivating factor in its decision to take unfavorable personnel action against you. Such actions may include:

1. Firing or laying off
2. Blacklisting
3. Demoting
4. Denying overtime or promotion
5. Disciplining
6. Denying benefits
7. Failing to hire or rehire
8. Intimidation
9. Reassignment affecting promotion prospects
10. Reducing pay or hours

• If you believe that your employer retaliated against you because you exercised your legal rights as an employee, contact your local OSHA office as soon as possible, because you must file your complaint within the legal time limits. OSHA conducts an in-depth interview with each complainant to determine whether to conduct an investigation. For more information, call your closest OSHA Regional Office. A complaint can be filed online.  Contact Minnesota OSHA Compliance (OSHA.Compliance@state.mn.us), Phone: 1-877-470-OSHA (1-877-470-6742).

If you have a work related injury due to an OSHA violation, Minnesota law prohibits your employer from discharging or discriminating against you because of a work related injury, illness or disease. If the injured worker can establish that the employer fires or forces to resign an injured worker in retaliation for filing a Workers’ Compensation claim, the worker is allowed under Minnesota work comp to file a civil lawsuit against the employer.

For assistance with your work related retaliation claim, please feel free to contact me.

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