Does My Injury Qualify for Workers’ Compensation?

Legal Tips and Resources

When someone is injured on the job, they often find themselves asking this question. Though most injuries and illnesses are covered by workers’ compensation, there are some that are not. It’s important you speak with the workers’ compensation board in your state, with your employer or with an attorney who can help you understand what qualifies and what does not. The following should get you started.

Types of Injuries and Illnesses

Some of the most common types of workplace injuries covered by workers’ compensation are repetitive motion injuries. These are caused by doing the same thing over and over again. For example, someone who works on an assembly line could suffer repetitive motion injuries to the arms, such as tennis elbow. Someone who works at a computer and does a fair amount of typing could contract carpal tunnel. As long as the repetitive motion injury can be distinctly linked to your job, you would most likely qualify for workers’ compensation coverage.

Some common illnesses covered are occupational illnesses. Being exposed to hazardous substances could cause a host of health issues, including asthma. Exposure to asbestos could cause mesothelioma. Again, these illnesses would need to be obviously connected to the job for you to qualify.

Does Fault Play a Role?

When it comes to workers’ compensation, fault typically doesn’t play a role in qualifying for coverage. Whether the injury was caused by you, your employer or someone visiting the workplace, workers’ compensation covers it. There are some exceptions to the rule. The following are some situations in which coverage could be denied.

  • If the injured person started a fight and was hurt during it.
  • If the injured person was committing a crime when he or she was injured.
  • If the injured person was blatantly violating posted company policies when he or she became injured.
  • If the injured person showed up to work intoxicated or under the influence of illegal drugs and was injured as a result.

Of course no situation is as black and white as it looks. Some coverage is denied for reasons you may not have seen coming, while other coverage may be given when you felt it wouldn’t be. This is why it’s important to follow the reporting and filing process as your attorney directs you so you aren’t left footing the bill for your injuries on your own.

Getting Started

Being injured at work can cause a chain reaction of negative events. You shouldn’t have to suffer more than necessary. Contact a work injury attorney in Tinton, NJ today to get started in the process to receiving compensation.

Thanks to Rispoli & Borneo, P.C. for their insight into workers compensation and qualifying injuries.