According to the U.S Bureau of Labor and Statistics, approximately 2.8 million workers in America suffer non-fatal work-related injuries while another 5, 000 die from their injuries. Work-related injuries can be financially, emotionally, and physically devastating to workers and their loved ones. The good news is that employers are obligated by the law to take care of their employees with workers’ compensation insurance.
However, to qualify for compensation, you have to know what’s considered a workplace injury and if you need to hire a Fall River workers compensation lawyer can help your case.
Workers’ compensation caters for lost wages and covers your medical bills resulting from the treatment of your work-related injuries. Unfortunately, the process of filing for workers’ compensation can be complicated and in some instances, you might not get the compensation that you deserve.
The first step to ensure that you get maximum compensation is familiarizing yourself with the process of filing for a workers’ compensation claim.
What Counts As a Workplace Injury?
If you fell ill or got hurt at work, then your injury is considered work-related. The U.S Department of Labor defines a workplace injury as an injury or illness that occurs in the work environment or aggravated a pre-existing condition or injury.
Some workplace injuries can develop over time or they can be abrupt. Overexertion or repetitive stress injuries can cause injuries to develop over time. Typing, for example, is a repetitive job and can lead to strained muscles and tendons.
Do You Qualify for a Work Injury Claim?
You must meet the below criteria:
- You were legally employed and on the clock when the injury occurred
- You were not doing anything illegal while on the job
- You reported the injury to the employer in good time
- You filed the workers’ compensation claim within the state’s time limit
If, for instance, you got injured while making “prank” videos for fun during work hours, your claim won’t go far. However, if your employer asked you to make the video as a way to promote the company, then you have a right to file for compensation.
What Type of Injuries are Covered Under Workers’ Compensation?
Occupational Illnesses
Workers’ compensation will cover any illnesses that you may develop as a result of your work. However, you have to prove that you got the disease from work, and exposure from elsewhere is rare. For instance, you cannot classify the common cold as an occupational illness even though you might have gotten it from your co-worker.
Overuse of Repetitive Injuries
Performing the same tasks over and over could lead to overuse injuries such as carpal turner syndrome.
Pre-Existing Conditions
If your work environment aggravated your condition, you are entitled to compensation. If, for instance, you had arthritis and it got worse due to lifting heavy objects at work, your new condition is covered under workers’ compensation. You should, however, speak to a workers’ compensation lawyer in Fall River so that they can evaluate your situation.
What Type of Injuries Aren’t Covered?
Workers’ compensation generally covers most injuries at the workplace. However, there are injuries that aren’t covered and they are evaluated on a case by case basis. Circumstances under which your claim might be denied include:
Driving to and From Work
If you are injured on your commute to or from work this is not considered to be a workplace injury.
Intentional Acts
If you got injured while intoxicated at work and it’s determined that this was the main cause of your injuries, your claim might be denied.
Horseplay
Horseplay is not work-related and it does not help the business so you wouldn’t be injured if you got injured n the process. However, if another employee gets injured and they were not involved in the horseplay, they might get compensated.
Violating Company Policy
If you were violating company policies, protocols, or procedures at the time of the accident, you might not receive compensation.
Get Your Case Evaluated by a Fall River Workers Compensation Lawyer
A workers’ compensation lawyer in Fall River can protect your rights by ensuring that you get the compensation that you deserve. You will be able to focus on your recovery while we deal with the insurance company, handle all the paperwork, and ensure no deadlines are missed. Contact us today at 508-676-0001 to find out how much your claim is worth.
