I would definitely recommend that he obtain a consultation with an attorney who is experienced in handling workers' compensation claims as soon as possible. The employer must be notified of a claim for this work related disease and a C-3 claim form must be filed with the Workers' Compensation Board and there are time limits for both of these requirements to be completed. Additionally, this is the type of case that employers/carriers often deny and it can get quite complicated. If the claimant was exposed to this disease in the course of his employment then he may be entitled to workers' compensation benefits, but proving this is not always so easy. He will need medical evidence from a physician indicating that he was exposed to and contracted Hepatitis C on his job and medical testimony may eventually be required. An experienced workers' compensation attorney can help complete the claim form and gather the necessary information and evidence. the attorney will receive a fee only if you are successful and receive an award or there is a reimbursement to your employer if salary is paid in lieu of compensation. If you lose, your lawyer will not be awarded a fee. Your attorney will likely advise you to document your claim medically and ask your doctor(s) to fill out C-4 and C-4.2 forms specifying the requested information including percentage of causally related impairment. good luck.
This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.
You really need to supply more information than just that.
The issue will likely be does he have a doctor who is willing to say that your brother-in-law PROBABLY contracted his Hep C from his employment, as opposed to somewhere else. That will require a full and complete understanding of your brothers duites and work conditions. Though needle sticks are probably the most common way a worker might become infected, that is not the only way a worker can become infected. The actually infection(injury) may well have occurred over a decade ago.
Your brother-in-law would be well suited to contact a local WC attorney to explain his situation and get advice as to how to proceed, what pit falls to beware of, etc. Many people have HCV and do quite well with little impact on their abilty to work, for others, the treatment can be quite debilitating physically and psychologically.
The above is general legal information that may or may not apply in your state. You should use this information only as a general guideline in determining what the laws and regulations of your state or jurisdiction require or allow. Posting a response to your question or issue does Not create an attorney-client relationship and I AM NOT providing you legal advice, only limited and incomplete guidance based upon limited and incomplete information. You should consult directly with an attorney whom you have retained and to whom you have provided All the Facts, before you take any steps that may impact ANY of your legal rights.
In general, workers compensation is an insurance benefit that pays for lost time and medical care for injuries or illnesses 'arising out of and in the course of employment'.
In order to have a claim your brother-in-law will need to supply medical evidence that links his condition to work. He will need to file a claim with the Workers Compensation Board. And if he is not losing anytime from work, there may only be medical treatment available to him.
I strongly suggest you take my colleagues advice and speak to a local attorney who handles workers compensation.
EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel.
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