4 Injuries that May Not be Covered Under Workers’ Compensation
Injuries at the workplace are never easy, but it’s important to understand what may or may not be covered under Workers’ Compensation law. If an employee has sustained a work-related injury, workers’ compensation can help the employee recoup lost wages and assist during the recovery process.
In general, workers’ compensation pays hospital and medical expenses needed to diagnose and treat a work-related injury. This compensation also provides disability payments, rehabilitation, and additional benefits while you are unable to work. There are some injuries, however, that workers’ compensation does not cover.
In order for an injury to be covered under workers’ compensation law, there must be evidence connecting the injury or condition to the workplace or employer. Workers’ compensation can also take into account illnesses that emerge over a prolonged length of time due to a work-related activity. In order for this to be proven, there must be a clear connection between the nature of the occupation and the illness sustained by the job. One example of an occupational illness is that the employee could have a lung disease or cancer as a result of exposure to asbestos or other chemicals over the span of a career or years on the job.
However, workers’ compensation benefits will not be available if an employee’s injury was sustained as a result of intoxication or if the employee was under the influence of illegal substances. Compensation will not be available if the employee’s injury was sustained with the intent to harm themselves or another. Additionally, compensation is not provided based on a mental, stress-related, or nervous injury alone; there must because that the mental or nervous injury was preceded or based upon a physical trauma. It is also not possible to receive workers’ compensation for an injury sustained while going to or coming from your place of employment, as this does not fall under the purview of the employer.
Workers’ compensation law can be difficult to decipher, particularly if you have a complex case or a variety of symptoms. At Franco Law Firm, our 20 years of experience in personal injury law will help you get clarity on what benefits and compensation you may be eligible for in your case to receive workers’ compensation. For more information or a consultation, please contact Franco Law Firm at (813)-872-0929.