What if my injury is due to an exposure?
Per FS 440.02(1), exposures may be covered under work comp, but, in my experience, they are almost impossible to prove. The burden of proof in exposure cases requires being able to measure the exact amount to which you were exposed (the nearly impossible part) and then correlating it to your resulting condition(s). A prime example of this is having respiratory issues due to mold exposure, but, to have it covered under work comp, we would need to know the exact amount of mold spores to which you were exposed, which would be impossible if the moldy wall was destroyed before testing was done. Our burden of proof is also heightened, which makes it difficult to prove these cases.
Per FS 440.02(1), exposures may be covered under work comp, but, in my experience, they are almost impossible to prove. The burden of proof in exposure cases requires being able to measure the exact amount to which you were exposed (the nearly impossible part) and then correlating it to your resulting condition(s). A prime example of this is having respiratory issues due to mold exposure, but, to have it covered under work comp, we would need to know the exact amount of mold spores to which you were exposed, which would be impossible if the moldy wall was destroyed before testing was done. Our burden of proof is also heightened, which makes it difficult to prove these cases.
