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As if being diagnosed with cancer isn’t enough of a traumatic experience in itself, many women who claim workers compensation after contracted work-related breast cancer can find their claims either rejected outright or significantly reduced after “child-bearing age” is taken into consideration as a risk factor. Under the terms of a proposed new Bill, physicians diagnosing work-related breast cancer would only be permitted to use certain phrasing, and include set criteria, which do not include being of childbearing age. Should the amended legislation come into force, the American Medical Association’s guidelines would need to be used by doctors working on workers compensation claims relating to breast cancer.
It may seem like quite a small, straightforward amendment but, if these proposed changes were to become law, women diagnosed with work-related breast cancer could see their workers compensation claims becoming much easier to navigate, and with overall better results for the employee. At the moment, your employer could use you being of childbearing age as a reason to reduce workers compensation payments, but this would no longer be allowed. Being of childbearing age is not on the American Medical Association’s guidelines for work-related breast cancer risk factors.
While it may be true that being of childbearing age can increase the risk of developing breast cancer, the lawmakers behind the proposed bill feel that it is unfair, not to mention discriminatory, for women already dealing with a harrowing diagnosis to feel compelled to reveal such personal information. For example, falling into the average childbearing age bracket may not mean that a woman is actually able to bear children, a fact which she would be forced to publicize to strengthen her worker’s compensation claim.
Even if you are of childbearing age, you are entitled to apply for workers compensation to cover some of the costs of medical treatment, the earnings you lose due to not being able to work while receiving that treatment, and any other costs and expenses associated with a breast cancer diagnoses. Right now, your employer could use your age to try and reject or reduce your claim, but a Van Nuys workers compensation attorney could aggressively fight this decision.
We understand that, at a time when you’re ill, having invasive medical treatment and dealing with the emotional aspect of a work-related breast cancer diagnosis, you may feel that contesting a rejected workers compensation claim is just too much to bear.
You don’t need to do it alone. With an experienced, diligent and dedicated Van Nuys workers compensation attorney on your side, you could be much closer to getting the compensation you’re entitled to and deserve. Your attorney will use their extensive experience, in-depth knowledge of the law and expert analytical skills to gather all required information and present a strong case on your behalf.