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What Kinds of Incidents or Accidents Are Covered by Workers’ Comp and Which Are Not?

Workers’ compensation benefits can be extremely helpful for those who have been injured on the job. Through this type of worker’s insurance, those who have gotten an injury or become ill in the workplace may be able to recover lost wages and other accommodations when necessary. To be able to recover anything from workers’ compensation, you must have been injured during your course of employment. If the injury happened anywhere other than at a job, you may not qualify. “On the job” can even refer to something that happens during a lunch break or while you are running errands for your boss, because it is still considered during work hours (FindLaw).

There are certain types of employees who are not covered by workers’ compensation benefits in many respects. This includes employees that work for the federal government, independent contractors, business owners, and volunteers or unpaid interns. Unfortunately, if you are one of these employees and you end up injured, you may not be able to be compensated for your injuries.

Furthermore, there are specific injuries that are not covered by workers’ compensation as well. If you are under the influence of drugs or alcohol while you are working and end up injured, you will not be compensated. If you were engaging in illegal conduct when you were injured, you cannot file a claim for benefits. And if you were doing something that went against company policy or gained access to an area where you were not supposed to be because of the hazards involved, you will not be able to receive these benefits (LaMance).

Repetitive Motion Injuries

What happens if you work in an office environment typing on a computer most of the day or working at a factory where you are using your hands most of the time? You may receive a repetitive stress injury, cumulative trauma disorder, or repeated motion injury. One of the most common examples of these is carpal tunnel, which is an injury that affects the wrists, hands, and forearms. Humans were not made to withstand having to use the same motions over and over again a thousand times without breaking. Most serious cases of these repetitive motion injuries can escalate to lifelong physical disabilities. You will usually always be able to recover workers’ compensation for these injuries.

More Difficult Cases

There are some types of illnesses and disorders that are more difficult to recover from when it comes to receiving your fair benefits. For example, occupational illnesses require a lot of evidence to prove your claim. This is when a worker becomes sick and the nature of the worker’s job increases the worker’s chances of suffering from that disease. It needs to be shown that your illness was actually caused by the job and not other forces. This means a connection must be seen and evidence provided.

Another example is stress-related injuries. Many states do not see this as a valid reason to receive benefits; for example, half the states out there do not recognize stress as a valid basis for workers’ comp claims and you will have to show that stress has reached the level of a disability (Repa).

Now you know a bit about what you should expect in regards to compensation and if your injury or illness actually qualifies. If you believe that you have a case and want to go forth with filing a lawsuit for your injuries, you can contact an attorney you can trust today. Call Maggiano, DiGirolamo & Lizzi P.C. today for more information on how to get started!
Works Cited
FindLaw. Thomson Reuters, 2015. Web. Accessed February 29, 2016. http://injury.findlaw.com/workers-compensation/what-types-of-injuries-are-compensable-under-workers-compensation.html
Ken LaMance. LegalMatch, 2015. Web. Accessed February 29, 2016. http://www.legalmatch.com/law-library/article/who-is-not-covered-by-workers-compensation.html
Barbara Kate Repa. Nolo, 2015. Web. Accessed February 29, 2016. http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter12-3.html

 

2017-11-11T05:23:36+00:00