The Ugly Truth about Work-Related Injuries due to Neurotoxicant Exposure

Is the workers compensation system rigged in favor of employers?  A recent report in the Slate suggests that the system may be rigged to deny the claims of those workers who suffer from work related neurological injuries.  The problem appears to be related in part to the time lag that may occur between exposure and symptom onset which, in some cases may not result in overt clinical manifestations until years after the neurological damage due to exposure has had the chance to interact with the either the normal aging process or with a neurodegenerative disease to cause an earlier onset of dysfunction.  

The reasonable person rule is the standard used by the courts to set the statute of limitation clock into motion.  According to this rule, the clock starts the moment a reasonable person would be expected to suspect a cause effect relationship between exposure and symptoms.  That said, under current law if you have been exposed to chemicals at work you have a duty to ascertain the nature of the exposure, collect all pertinent records and duly file a claim even if you are asymptomatic in an effort to preserve your rights to compensation at a later date.  But if everyone did this under the current law it would undoubtedly lead to thousands of frivolous and unnecessary claims being filed with the courts to pressure patients rights.  Clearly this story raises a reasonable concern that legislatures may need to address.  

Link to full story in at Slate.com