If you have been injured on the job, you may be entitled to compensation under the workers’ compensation system in your state. It’s important to remember that workers’ compensation isn’t designed to cover every aspect of your injury and its treatment; it only covers conditions that have to do with your occupation. Here are some things that workers comp won’t cover, along with tips on what you can do if you have been injured in an accident that falls outside these categories according to our friends at Hurwitz, Whitcher & Molloy, LLP.
Personal Injury
Generally, workers’ compensation will cover any personal injury that was sustained while on the job. This could include a slip and fall accident, being hit by a falling object, or even getting electrocuted. However, there are some exceptions to this rule. If you were injured while engaging in illegal activity or if you were intoxicated at the time of your accident, you likely will not be covered by workers’ compensation. In addition, certain injuries can be excluded from coverage such as psychological injuries or cancer due to exposure. Finally, what if the injury is considered to be an occupational disease? A common example of an occupational disease is carpal tunnel syndrome caused by repetitive motions with hand tools (such as typing). In order for an occupational disease claim to be successful it must first meet three criteria: 1) There has been a significant amount of exposure 2) The nature of the risk created by the employment process 3) The susceptibility factor involved. If all three requirements are met then you may have a valid claim.
Working Conditions
In order for an employee to receive workers’ compensation, their injury must have been sustained while on the job. This means that if you are injured outside of work, or during your lunch break, you will not be eligible for workers’ compensation. Furthermore, your employer must have workers’ compensation insurance in order for you to file a claim. If they do not, then it is up to them whether they want to take care of you themselves or pay for your medical expenses out-of-pocket. However, many employers choose to opt out of this type of coverage because it is expensive and is usually required by law only when there are 10 employees or more on staff.
Workplace Accidents
Many people believe that they can only receive workers’ compensation if they are injured on the job, but this is not always the case. You may be eligible for benefits even if your injury was caused by a pre-existing condition or occurred outside of work. However, there are certain types of injuries that are not covered by workers’ compensation, such as those that are self-inflicted or caused by illegal drug use. If you are unsure whether your injury qualifies for workers’ compensation, it is best to speak with a lawyer who specializes in this area of law.
Income Loss Coverage
One of the most important benefits that workers’ compensation provides is income loss coverage. This can help you make ends meet while you’re unable to work due to your injury. However, there are limits to what this coverage will pay. For example, if you’re able to work part-time or do some modified duty, your income loss benefits will be reduced accordingly. Additionally, if you have other sources of income (such as a spouse’s salary), that will also be taken into account when determining your benefit amount.
Contact a workers compensation lawyer in Buffalo, NY for help today!