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Injuries That are Covered By Workers’ Compensation

Injuries That are Covered By Workers' Compensation 1

Workers’ compensation covers various injuries and illnesses that arise in the course of or out of employment. While the most commonly considered condition is any injury from an accident in the workplace, several other situations might be eligible for compensation as well.

The covered injury that the employee has suffered doesn’t always need to be from a specific incident. It could also be the result of multiple events that cumulatively cause a serious condition. Some examples of cumulative injuries such as these include:

  • Carpal tunnel syndrome
  • Disc and back injuries

Aside from this, worker compensation also covers diseases that are a result of exposure to dangerous/toxic chemicals in the workplace. The specifications for coverage for mental harm are different from state to state; most states compensate for the emotional/psychological damage that arises out of the workplace.

Some Other Rules

Any injuries sustained while transiting to and from the workplace are typically not covered under worker’s compensation. Some of the exceptions are off-site work activity and job-related travel. For example, if a person travels for work and is a sales person sustains an injury while transiting between customers, they won’t generally have worker’s compensation cover.

Some Exceptions

A large number of diseases and work injuries are covered under workers compensation. The ones that aren’t covered in most states in the U.S include:

  • Injuries sustained from violation of known/posted company policies
  • Injuries due to criminal activity
  • Injuries from drug use or alcohol intoxication
  • Self-inflicted injuries
  • Off-work injuries
  • Pre-existing conditions, unless these have been exacerbated by current work

Some of the exceptions situations in which employees can sue their employers outside of the existing workers’ compensation include:

  • Intentional injuries
  • Injuries caused by employer recklessness/malice
  • Injuries caused due to employer violations of federal/state law such as the OSHA (Occupational Safety and Health Act)
  • Injuries caused by an employer when acting in a dual capacity, such as the breach of legal duty in their roles as landlords, property owners, work-equipment manufacturers or medical providers
  • Bad-faith administration of a workers’ compensation claim
  • Injuries to an employee’s property
  • Third-Party Lawsuits
  • Employer retaliating against an employee for pursuing a workers’ compensation claim such as by demotion or firing
  • Nonphysical injuries such as discrimination or defamation

Sometimes an employee with a work-related injury can sue a responsible third-party other than their employer. This includes:

  • Negligent premises/ equipment inspectors
  • Negligent landowners/ landlords
  • Distributors, sellers or manufacturers of dangerous work equipment
  • Medical providers that negligently treat some work-related injury
  • Co-workers that inflict harm intentionally
  • Insurance companies which administer a workers’ compensation claim in bad faith

Why You Need Expert Legal Help To File a Workers Compensation Claim

Determining whether an injury you have suffered is compensable under workers’ compensation can be quite a complex legal question. This is why you need experienced legal experts in your corner while filing a workers compensation claim.

When recovering any compensation for injuries suffered due to or at the workplace you are entitled to a variety of benefits. Our skilled and experienced workers comp attorneys will thoroughly investigate your claim to determine whether you would qualify for benefits such as:

  • Permanent Partial Disability Benefits
  • Open Medical Benefits
  • Temporary Total Disability Benefits
  • Vocational Rehabilitation Benefits
  • Wage Differential Benefits
  • Permanent Total Disability Benefits
  • Survivors’ Benefits

 

At Costa Ivone, our injury lawyers are a firm of highly dedicated, experienced and skilled law professionals that handle all types of personal injury cases. For any more information about our services or to schedule a free consultation, to contact us at (708) 400-0000. You can also contact us through this Online Form to schedule a consultation with one of our experts.

 

1 Comment

  • Jason Roy
    Reply January 31, 2020 at 7:16 am

    The companies need to be more explicit about these things. Thanks for the awareness.

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