Workers' Compensation, Obesity and Discrimination
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  • Tipping the Scales of Justice: Workers’ Compensation, Obesity and Discrimination

    By The Frickey Law Firm on Tuesday, September 25, 2012.

    According to the Centers For Disease Control and Prevention, 27% of the U.S. workforce is considered to be overweight and bordering on obesity. It is well-documented that obesity contributes to diabetes and heart disease, but, according to a 2007 Duke University study, obese workers file 45% more Workers’ Compensation claims than those of normal body weight, in addition to missing more up to seven times more work days due to work-related injuries.

    A complex issue, one question stands out: Should overweight workers receive the same benefits as their co-workers? The answer is yes.

    One must consider the fact that many employees are hired with a known illness or disability, and each of those employees should be treated equally. When a workplace injury occurs, the employer and their insurance company are obligated by law to provide each worker with the care necessary to heal properly and return to their position. Can it be considered discrimination if an overweight employee is denied Workers’ Compensation benefits? Absolutely.

    The Frickey Law Firm works to assure that workers are treated equally and receive the benefits they deserve. Specializing in Workers’ Compensation, Personal Injury and Social Security Disability, the expert attorneys at Frickey work for you. For a free assessment of your potential case and consultation, call 303-273-7373, or go to