How do the definitions of “injury” and “accident” affect a workers compensation case?
If the injury occurs on or after August 28, 2005, the new definitions will apply. Primarily, an employee will have to show that work was “the prevailing factor” in causing both the resulting medical condition and disability. An accident means an unexpected “traumatic event or unusual strain identifiable by time and place of occurrence caused by a specific event during a single work shift.” The prevailing factor is defined as the primary factor in relation to any other factor, causing both the resulting medical condition and disability. An occupational disease is compensable only if the occupational exposure was the prevailing factor in causing the resulting medical condition and disability. Aging or normal activities of day-to-day living cannot be considered when determining if the occupational disease is compensable. The same standards apply to repetitive motion injury. Occupational disease is compensable if the injured worker can demonstrate the workplace caused the occupational dise
