Being injured at work can raise all sorts of issues if the injured employee fails to take appropriate action. As such, it is quite important that those hurt on the job understand how to best proceed. One thing which is almost always taken into consideration when injured on the job is whether to pursue a workers’ compensation claim.
How do I know whether I have a workers’ compensation case?
The most important thing to keep in mind when determining whether coverage is due is that workers’ compensation benefits are provided on a no-fault basis. This means that the cause of the injury is not a factor in determining whether workers’ compensation should be provided. Workers may have a claim under any of the following circumstances:
• Worker was injured while working.
• Worker was injured because of a work situation.
• Worker had a pre-existing injury aggravated while working or because of a work situation.
Although workers compensation coverage is generally pretty broad, it is not uncommon for workers’ compensation providers to deny workers’ claims. As such, legal counsel can be of great assistance in ensuring workers receive the coverage they deserve.
What types of injuries are covered under workers’ compensation?
Those who qualify for workers’ compensation may be entitled to coverage for a wide range of ailments. Injuries covered by workers’ compensation include:
• Loss of hearing or vision
• Psychiatric disorders such as anxiety or depression
• Head trauma
• Back pain
• Cumulative trauma such as carpal tunnel syndrome
One important point to keep in mind is that the pre-existing condition rule applies in workers’ compensation claims. This means, for instance, that if a worker had an injured hand at the time of hiring, and it became aggravated or worsened as a result of an on-the-job injury, workers’ compensation would treat the hand as if it were a new injury and provide coverage.
What should I do if I am injured at work?
Regardless of whether a worker intends on filing a workers’ compensation claim, there are certain steps that should be taken if injured on the job:
• Seek immediate medical attention.
• Notify the attending physician that the injury occurred or was aggravated while working.
• Notify a supervisor or co-worker of the injury.
• Consult with an attorney if the worker intends to proceed with the claim.
How long do I have to file a workers’ compensation claim?
The statute of limitations on filing a workers’ compensation claim is one year. However, despite this one year statute, it is important for workers to notify a supervisor or co-worker at the time the injury occurs. This is to document that the injury occurred on-the-job should any dispute arise when the actual claim is filed.
Are there any other options available to me besides workers’ compensation?
Depending on the circumstances, remedies other than workers’ compensation might be available to workers who are injured on-the-job. For example, injured workers sometimes have the option of pursuing a claim for employer negligence as opposed to filing a workers’ compensation claim. This approach might provide different relief for the same injury. As such, an injured worker should consult with a qualified attorney to ascertain which remedy is most advantageous to pursue.
