What is Considered a Workers’ Comp Injury?
Posted on July 30th, 2021 in Personal Injury
Any employee can get injured while they’re at work. Of course, some work in careers where suffering an injury on the job is much more likely. Workers’ comp aims to help employees who have been injured on the job cover their medical expenses and any lost wages caused by missing work during recovery.
If you were injured on the job, you might have a lot of questions regarding workers’ comp, including “what is considered a workers’ comp injury?” Who is eligible to receive workers’ comp may vary, as everyone’s situation is slightly different.
What Can You Receive Workers’ Comp For?
There are many injuries that can make an employee eligible to receive workers’ comp. Here are a few examples of what an employee may be able to receive workers’ comp for.
There are various injuries an employee might suffer while they’re on the job. This can include most injuries that happen in the workplace, especially ones caused by work equipment. For example, an employee may slip and fall during work or suffer from a muscle sprain or strain while performing their duties. Injuries might also develop over time due to repetitive motions. Repetitive strain injuries, such as carpal tunnel syndrome and tendonitis, are sometimes covered by workers’ comp.
While injuries are most commonly associated with workers’ compensation claims, employees might also be eligible for workers’ comp if they suffer from a work-related illness. Depending on the work environment, some employees may be at risk of developing illnesses due to their working conditions. For example, some employees may develop respiratory illnesses due to contaminants in the air or develop cancer due to carcinogens, such as asbestos, in their workplace.
Some employees may have pre-existing conditions that can be made worse due to a work injury or their working conditions. While an employee may have originally had a health condition unrelated to their job, their working conditions can contribute to making it worse. Employees in situations such as this may be able to receive workers’ comp.
What Can Affect Workers’ Comp?
Several factors can affect an employee’s ability to receive workers’ comp. Here are a few things that can make someone unable to receive workers’ comp.
The Cause of Injury
Workers’ comp is no-fault insurance, meaning that it typically doesn’t matter who caused your accident or injury, whether it was the employee or employer’s fault. However, sometimes the cause of the injury prevents an employee from being eligible for compensation. If an employee was injured because they were fooling around on the job or under the influence, they likely won’t receive workers’ comp. Injuries caused by self-infliction also may not be considered workers’ comp injuries.
When the Injury Occurred
There is a limited amount of time you have to file for a workers’ comp claim. If an employee isn’t aware of how long they have to file a claim, they risk missing their opportunity to receive compensation. Employees also need to notify their employer regarding their injury or illness within a certain amount of time. In Pennsylvania, employees have 120 days to report a work injury to their employer and three years to file a claim.
Not everyone is entitled to workers’ compensation when they’re injured performing their role. If the injured worker is an independent contractor, rather than an employee of the company, they aren’t entitled to workers’ compensation.
Get Help from a Workers’ Comp Lawyer in Scranton
You expect to receive workers’ comp when you’re injured on the job. However, not everyone who deserves workers’ compensation receives it. Attorney Craig P. Kalinoski works with employees who have been injured at work or have a work-related illness to help them receive compensation for medical bills, lost wages, and more.
Contact Kalinoski Law Offices P.C. to see how an experienced workers’ comp lawyer in Scranton, PA, can help.