My friend is diabetic and required to wear company provided safety shoes for his job. He had requested to use different safety shoes but was denied. He recently developed a blister on his foot due to the company safety shoes, which due to his diabetes became infected and has resulted in partial amputation of his foot. Should this be covered under workers comp?
While there may be some apportionment of the permanent disability rating based upon the pre-existing diabetic condition, based upon the facts provided, yes he would be covered to receive medical and monetary benefits.
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
You get the lawyers favorite answer....”maybe.” Best way to get a better answer is to use the “Find a Lawyer” tab at the top of this page and retain a top rated WC lawyer near your friend and find out the answer depending on the facts.
If your friend can prove through the doctor that both the blister and the subsequent infection were caused by the job then it is compensable. You should retain a workers comp attorney to get the needed opinion reports from the treating physicians.
I agree that depending on the evidence available, the injury is compensable. I also agree that you should consult as soon as possible with an attorney focusing on workers compensation, as this is the type of case that you will need an experienced attorney on your side for. You can contact any of the attorneys who answer you here and/or utilize the Find a Lawyer function on this site to further explore your options. Good luck.
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