What Injuries are Covered Under Workers’ Compensation?
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Covered Workers’ Compensation Injuries
A work accident or injury must include both “Arising Out of and in Course of Employment” to be covered under workers’ compensation. What this means is that BOTH are required for an injury to have a valid workers’ compensation claim. Arising out of employment means the accident and employment are connected. In the course of employment means the time, place and circumstances of the accident. For example, just physically being where one works is not enough to confirm the that accident or injury arose out of employment. There is no set of rules to confirm whether an accident occurred in the course of employment. All the facts and circumstances surrounding the incident or accident must be taken into consideration. Normally an accident happens in the course of employment when an employee is doing the work duty that the person is employed to do.
As you can imagine, there are many different examples and scenarios that can occur within the workplace.
For example, if an employee suffers from a heart attack while at work, is this considered compensable under workers’ compensation? In some cases the court may determine that the heart attack occurred due to the strenuous work an employee did as part of their job. However, in some cases the court may determine that the employment did not.
Occurring in Course of Employment Examples
Travel to and from work? Generally speaking an employee is not covered under workers’ compensation while going to and from work. An exception is when an employee travels as part of his or her employment.
What about injuries occurring before and / or after work?
What about accidents and injuries occurring on company owned property?
What about accidents and injuries occurring in non-employer owned property such as a parking lot?
Are injuries covered that occur during work and / or lunch breaks?
What if you are hurt running an errand for an employer?
What about company picnics, parties, softball games, athletic events, etc.?
Arising Out of Employment
An injury must arise out of employment to be covered under workers’ compensation. There must be a connection between the employment and the injury. For example a coincidental injury that happened on the employer’s property or premises is not enough to establish that the accident or injury to the employee arose out of employment.
We can help you understand if your work injury is covered under workers’ compensation. Contact us today for a free consultation and case review. Every case is different. We need to understand the facts and specifics of your individual work accident or work injury to evaluate your claim.
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We believe that you deserve to receive appropriate compensation after being injured at your place of employment. Don’t let your claim fall by the wayside!
We at Kosin Law Office, LTD. have handled thousands of workers’ compensation claims and legal cases.
If you have been hurt or injured, let us help you get the justice and compensation you deserve!
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We have handled thousands of accident and injury law cases. Contact us today and let our knowledge and experience work for you. We provide personal attention and offer free and confidential consultations.
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