28 Aug Is Sun Damage Included in Workers’ Compensation Claims?
As we become more knowledgeable about the effects of sun damage, including cancer, should it be included in workers’ compensation coverage? Bloom Law Office’s workers’ compensation attorneys keep pace with the latest changes to such claims on a national scale, and so far this hasn’t become standard—yet.
Sun Damage and Workers’ Compensation
Including sun damage in workers’ compensation coverage is nothing new in Australia. Workers’ compensation claims connected to sun damage have been standard for years. Down under, there were 175 claims in a 12-year stretch which led to $63 million in payments. However, in the US sun exposure isn’t explicitly named as a possible hazard under federal law. In other words, the employers aren’t required to provide protection, whether it’s visors or sunscreen.
However, the US Occupational Safety and Health Administration (OSHA) interprets the rules that do require protection from solar radiation for some workers. OSHA urges construction companies to give protective equipment to their workers. However, OSHA has not stepped forward with recommendations for other outdoor workers such as lifeguards, mail delivery people, or landscapers.
Each state sets its own standards for workers’ compensation claims, often using federal laws as a guide. It wouldn’t be surprising if there were a successful claim regarding sun damage. After all, UV exposure is the leading cause of melanoma and melanoma is the deadliest of all forms of skin cancers.
Long-haul drivers are notoriously known for one-sided sun exposure. Some portraits showcase the effects of sun damage on drivers’ left side. As sun damage facts become common knowledge, it’s expected that this will trickle into legal issues.
Schedule a Complimentary Workers’ Compensation with Bloom Law Office
Worker’s compensation can cover just about anything, from tripping while rushing through an airport to make a conference to carpal tunnel syndrome from years of typing. Should sun damage be treated differently if a person is required to be outdoors for their job? With the cost of quality sunscreen being quite high, is this something all employers should provide their outdoor workers? If you have questions about workers’ compensation coverage, contact Bloom Law Office today.
