Injury by Exposure and "Arising Out of the Employment"

Workers' compensation for injuries resulting from exposure to the elements is not forestalled merely because a natural event was at the root of the injuries. Exposure injuries, such as heatstroke, freezing, frostbite, and pneumonia, may be compensable if the nature of the employee's work increased the level of exposure over that of other members of the public. Some jurisdictions allow compensation if the risk of exposure to the employee was caused by his employment. In other words, regardless of whether the general public would or would not suffer the same exposure, it was the employee's work that precipitated or caused the exposure.

In addition to weather-related exposures, an employee may be compensated for an injury resulting from the contraction of a contagious disease if he presents evidence that his risk of exposure to the disease pathogen was increased over that of the general public. The requisite evidentiary showing comes down to proving that the employee contracted the disease in the employment-related location that he claims. An employee may also be compensated for a contagious disease if the pathogen was spread by a co-worker and the employee was required to use the same equipment and accommodations, such as a restroom, break room, water fountain, and the like, as the co-worker. However, the employee must show the causative link between the spread of the disease-causing pathogen and the equipment or accommodations.

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