What injuries are covered by Workers Compensation?
Any worker who is injured during the course and scope of his employment may be entitled to the benefits outlined in this question and answer session so long as your injury is related to your employment, it should be covered by Workers Compensation.
These injuries range from a clearly related fall at work in which an elbow was fractured to an injury while driving a company vehicle to an injury sustained at a social event sponsored by the employer. The injured worker is entitled to compensation for burns, back problems, fractures, wrist injuries, etc. The injured worker is entitled to benefits regardless of whether or not he or she misses a day from work. Insurance companies may fight a case based on causation. In all cases, we strongly suggest that you seek an attorney to make sure your legal rights are protected. There are two main types of injuries, traumatic and occupational.
Am I covered by Workers Compensation if I cannot point to one (1) day or incident where I was injured?
Yes. There are some injured that are clearly related to employment such as when a worker is operating a forklift and falls from the forklift. This sometimes happens, and this injury should be immediately reported to the employer who will send the injured worker out for medical treatment.
However, there are many injuries that don’t take place a t one specific moment in time. These injuries usually fall under the realm of “occupational injuries.” An example of an occupational injury is carpal tunnel syndrome, repetitive use doing packing or lifting and/or repetitive use doing work on the keyboard can lead to carpal tunnel syndrome in the hands, wrists and also other arm, elbow and shoulder problems. Often these injuries due not arise on one particular day, but are established over a long period of time.
This also applies for back injuries. Sometimes a back trauma is all of a sudden established, and other times, back trauma takes place over a period of time doing repetitive standing, laying of hardwood floors, etc. A lot of times the injured worker does not realize that employment is causing an injury. Regardless, all injuries should be reported to the employer, and the employee should always seek medical treatment provided by the employer. If the employer denies providing them with medical treatment or deems that the injury is not work related, the injured worker may use their own health insurance to obtain treatment and still have a cause of action against the Workers Compensation Carrier for payment of medical bills, temporary benefits and permanency benefits.
If any of the above arise, an attorney is often very helpful in establishing the causal relationship and obtaining benefits for the injured worker.
Call Michael J. Dennin to discuss your rights and problems. There is no charge for a consultation of representation unless you receive compensation. Mr. Dennin represents workers in Atlantic City and Atlantic County, Burlington County, Gloucester County, Gloucester City, Mullica Hill, Paulsboro, Mt. Holly and all surrounding areas. Call him at 856-577-9138 or email him at [email protected] for a free and privileged consultation.