Work Injury Claim
Worker’s compensation insurance is required of most employers, depending upon the number of employees and the nature of the work being performed. It is intended to protect laborers from dangerous working conditions. Almost 3 million workplace injuries occurred last year. What kind of benefits are those workers eligible for?
Types of Injuries
First, it must be clear that the accident occurred while the employee was carrying out tasks related to his or her job. For instance, injuries sustained from falling on a wet floor at work would be subject to compensation, but those sustained from slipping at the coffee shop on the way to work would not be covered. Common claims for worker’s compensation benefits are:
Accidents at work can cause injuries from back pain due to falls to broken bones due to faulty machinery or coworker error. These would be commonly covered by benefits.
An excellent example of diseases as a result of job performance is mesothelioma. Mesothelioma has resulted in class action suits against companies who required laborers to work with, in or around asbestos, commonly used until the 1980s. Proving the illness can be difficult if the disease could otherwise be contracted in a person’s private life such as HIV/AIDS contracted by a porn worker.
Repetitive Stress Injuries
When a worker performs the exact same movement over time, they can develop a repetitive stress injury. Examples of these would be tendonitis, bursitis, chronic back pain and carpal tunnel syndrome. While this is covered under most policies, some states have stricter conditions to meet than others to prove that the injury is a result of performing their job.
Stress injuries can be physical, such as hernias or ruptured discs from lifting heavy objects, or it could be psychological stress such as PTSD. Post Traumatic Stress Syndrome can occur from a sudden, traumatic event like a workplace shooting. Both are normal covered conditions, but some states have different requirements than others to prove it is related to the workplace.
Construction or manufacturing workers tend to have more claims for hearing loss as a result of working in very loud conditions over time. Most policies commonly cover this.
Permanent disabilities such as an amputation, brain injury or paralysis are covered under worker’s compensation policies.
The types of benefits paid are as follows:
- Medical care, including transportation costs
- Lost wages as a result of the accident
- Compensation for permanent disability
- Retraining due to inability to perform former job functions
- Death benefits to surviving family
To learn more about the benefits available if you’ve been hurt at work, contact licensed and experienced New York workers compensation lawyers.
Thanks to Polsky, Shouldice & Rosen, P.C. for their insight into workers’ compensation and falls at work.