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PaperclipPerfector  1d ago (text post)   1118 thread views

Friday Fun Thread for October 24, 2025

Be advised: this thread is not for serious in-depth discussion of weighty topics (we have a link for that), this thread is not for anything Culture War related. This thread is for Fun. You got jokes? Share 'em. You got silly questions? Ask 'em.

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I'm surprised that "abnormality" is a prerequisite for getting worker's compensation. Accepting for the sake of argument that PTSD is real, this is a real instance of PTSD, and it really prevents him from continuing in the same line of work, should "all firefighters experience this, and usually it does not result in them quitting with PTSD" be a sufficient argument to deny compensation? Does that mean that in cases like those radioactive watch face painters, where everyone in a line of work was exposed to a perhaps underappreciated probabilistic risk by convention, those who did get struck by it (the people who got cancer) have no claim to compensation?

to a perhaps underappreciated probabilistic risk

I think this is essentially pointing at the same thing the abnormality is. If you go into a dangerous job with full disclosure and knowledge that it's dangerous, you don't get special compensation because presumably you can ask for an appropriate risk-sensitive amount of compensation up front. If something extreme and unexpected happens, then presumably your original deal you signed was unfair. Underappreciated risks like radioactive watches or infant CPR deaths are the same general category of "did not really expect this or fully understand the risks"

That's not how the worker's compensation system is set up. As @ToaKraka notes below, the abnormality requirement only applies to psychological injuries, not physical injuries. As far as physical injuries are concerned, any injury that is work-related is eligible for compensation, and most of the litigation surrounding claims is question of either whether the claimant is too injured to do his job or whether the injury is actually work-related. If you wrench your knee climbing into the cab of the truck you drive for work, that counts. If you work with dangerous chemicals and are permanently disabled due to an explosion, it counts. If the workplace was seriously negligent, it counts. If it was an unpreventable accident, it counts. If the worker was injured because he failed to take required safety precautions, it still counts.

The idea behind the system is that traditionally, people injured on the job would have to sue their employers for lost wages, and the amount of time it takes suits to go through the courts meant that they could experience significant financial hardship even if their suits were successful. By eliminating the requirement of proving fault claims can be adjudicated in a matter of weeks (and subject to appeal if necessary) and claimants can receive benefits while they're actually out of work. The employer pays into the system like insurance.

The tradeoff is that this is the employer's liability is limited to what is available to the employee through the system. So if you're in an accident where the employer is seriously negligent (e.g. there's an explosion that makes the news and was caused by terrible safety practices) you won't get a multimillion dollar lawsuit but the relatively meager award based on a percentage of your average wage. The caveat here is that this only prevents suits against employers, so if you're injured on the job due to an accident caused by a contractor, you can still sue the contractor, or if you work for a contractor working at a steel mill and a mill employee does something stupid you can still sue the mill. The added requirements for psychological injuries is to prevent people from saying that they're job is too stressful so you should pay them not to work.

Should "all firefighters experience this, and usually it does not result in their quitting with PTSD" be a sufficient argument to deny compensation?

According to the state supreme court:

Abandoning the distinction between normal and abnormal working conditions would eliminate the element of causation. It would destroy the fundamental principle underlying the scheme of the Workers' Compensation Act—that, in order to be compensable, an injury must be work-related. Otherwise, a claimant would have to establish only that the employee suffered from a mental illness while employed and that the illness was a condition created or aggravated by that employee's perception of the conditions of his employment. That would reduce workers' compensation benefits to nothing more than a disability or death benefit payable only because of the employee status of the claimant—and not because the injury was caused by his employment.

There is a degree of uncertainty inherent in any employment situation, as in life itself, such that an employee’s individual, subjective reaction to ordinary vicissitudes is not the type of condition which the legislature intended to require compensation for because it is not, in the common understanding, an injury.

Does that mean that, in cases like those radioactive watch face painters, where everyone in a line of work was exposed to a perhaps underappreciated probabilistic risk by convention, those who did get struck by it (the people who got cancer) have no claim to compensation?

This standard is applicable only to psychological injuries, not to physical injuries.

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