Can You Get Workers' Comp For Your Particular Injury?


When it comes to workers' compensation benefits, some injuries are not covered by your employer's insurance. Most injuries that are suffered in the workplace are covered, but there are some notable exceptions. If you are preparing to file a claim for benefits, it is important you know whether or not the insurance company will pay for your injuries. 

Are Injuries Outside of the Workplace Covered?

A common misconception about workers' compensation benefits is that your injuries must occur within the workplace to be covered. However, this is not true. As long as you can prove that your injuries occurred while you were performing your work duties, you can file a claim for benefits. For instance, if you are a delivery driver and you suffered an injury while unloading furniture at a client's home, you would be eligible for benefits. 

In order to file your claim, you must prove that you were conducting a work duty that is within your normal range of activities. If they fall outside of that, chances are your injuries are not covered. For instance, if you are involved in a car accident to or from lunch, your employer is not liable. 

Are Preexisting Conditions Covered?

Preexisting conditions can be tricky to file benefits for. In cases involving preexisting conditions, you have to prove that your current workplace activities led to your condition becoming worse. For instance, if you suffered a back injury in a car accident 10 years ago and the constant lifting of heavy objects as a delivery person has exacerbated the condition, you can file a claim. However, the insurance company might challenge your right to receive full benefits because you had a pre-existing condition.

Are Mental Health Conditions Covered?

As with preexisting conditions, proving you are owed workers' compensation benefits for a mental health condition is tricky. In order to receive compensation, you have to prove that your condition is the direct result of working your particular position. For instance, if work in complaints department at your company and have developed severe anxiety as a result, you could possibly file a claim for benefits. 

There are many other situations in which your injuries may or may not be covered. To find out whether or not your injuries should be covered, talk to a workers' compensation attorney (such as one from Law Office of Leslie S. Shaw). Your attorney can apply your state's laws regarding what is covered to your particular situation and help you make a determination. 


22 June 2015

Learning How To Heal

After you have endured a traumatic, life-changing car accident, it can be hard to transition back into your everyday routine. As friends and family members chat about upcoming outlet mall sales or holiday plans, you might be secretly worried about how to pay your medical bills or forget about that wreck. Fortunately, dealing with your car accident case proactively by working with an attorney can really help. After I was involved in a car accident a few years back, my attorney stood by my side and helped me to argue for what was rightfully mine. I made this website to teach others what to do if they are involved in an accident.