Understanding Compensation-Covered Injuries

Be the first to review.

Found this useful?

TweetThis

Print

Workers' compensation has been around for quite a long time. Because it is not the plan that an employee should be injured on the job or in the course of work and not be compensated, there are many Workers Comp Laws in place.

Injuries that Qualify

There are both work related injuries and illnesses which qualify for Workers’ compensation. It is important to understand those which qualify under the laws of federal workers compensation and state jurisdictions. The main factor of qualification says that there must be a discernible connection between what is required of an employee in terms of employment and the reason for the work injury.

Although there are far too many types of injuries that qualify for Worker’s Compensation, the following types give a slight indication of those which do. Employee injuries that result from:

  • Fires and explosions at work
  • Slipping on a wet surface at work
  • Heavy lifting at work
  • Burns from exposure to chemicals at work
  • Auto accidents at work

It is important to understand also that some injuries incurred away from work my eligible for compensation also. Cases involve traveling insurance agents would be an example.

How the Compensation Works

There is no burden on the employee to prove that there was negligence by the employee. Compensation can even still be received if it was the employee’s fault. How it works varies from state to state but the basic workmans comp laws are the same throughout the country with exceptions for individuals who are employed by the maritime and railroad industries as well as the government. The workers compensation benefits provided is intended to pay the cost of medical expenses and provide income lost due to the injury or illness in association with employment.

For as long as an employee is unable to work, there is some consideration to be about the dollar amount, if any, that is to be paid by the workers compensation employer. Some injuries or illnesses may initially be classified as compensable but later be reclassified as a disability, which may be covered by a different compensation program.

Every injury or illness that is work related should be reported to the employer as soon as possible except in cases where an employer intentionally injures or causes an employee’s illness, which is cause to sue the employer. All other cases where the employee wants to receive compensation must be filed as a claim to Worker’s Compensation.

Who Is Covered?

Not every injury or illness at work or work related is eligible for Worker’s Compensation. Furthermore, not every employee is covered by Worker’s Compensation. Some exemptions include:

  • Domestic employees
  • Independent contractors
  • Casual employees
  • Agricultural employees

It is important to check the state requirements to determine eligibility if you’ve been injured on the job or have a work-related illness. Some states do not require coverage if the company has fewer than 4 employees.

Have you or someone you know been injured at work? If so, contact one of our experienced workers compensation lawyers in your area today.

Be the first to review.
Found this useful?

Print

TweetThis

Contact A Lawyer

Related Links

LA-WS4:0.7.14.100803.9563