Workspace injuries can happen, regardless of the industry you work in, there’s always some amount of risk. This is especially true for jobs that require manual labour or working with machinery, but accidents happen at offices as well.
If you’re injured on the job, it’s important to know what your rights are and if you’re eligible for workers’ compensation benefits. This article will explore the eligibility requirements and what makes an injury compensable under workers’ comp laws. So, whether you’re a construction worker or a white-collar professional, read on to learn more!
What are the requirements for a workers’ compensation claim?
In order to file a claim, your injury must have occurred while you were working and performing job-related duties. This is generally straightforward to prove if you were injured in a work-related accident, like a slip and fall or being hit by a piece of equipment. But even if your injury wasn’t the result of an accident, you may still be eligible for benefits if it can be shown that your job contributed to the condition.
For example, if you develop carpal tunnel syndrome from typing on a keyboard all day, you may still be able to file a workers’ compensation claim. To do so, you would need to show that your work duties were the main cause of the condition and not any other factor, like an underlying health condition or playing video games outside of work.
There are also certain types of injuries that are automatically covered by workers’ compensation laws, regardless of how they occurred. These include:
- Work-related hearing or vision impairment or loss
- Injuries that occur over time like carpal tunnel syndrome
- Certain mental health conditions, like post-traumatic stress disorder (PTSD), that are caused by a work-related event
However, if your employer disputes these injuries, you should still consult with a workers’ compensation attorneys in South California to see if you have a case.
In order to receive benefits, you will need to file a claim with your employer and/or the workers’ compensation insurance company. Your employer is required to have workers’ compensation insurance in most states, although there are a few exceptions.
You will also need to see a doctor who can confirm that your injury is work-related and document the extent of your injuries. Once you have all of this documentation, you can then file a claim for benefits.
To summarize, these are the five requirements for filing a workers comp claim:
- The injury must have occurred while you were working
- The injury must be work-related, i.e. that it happened in the workplace, or during work hours
- You will need to undergo a medical examination by your doctor and get documentation of your injuries
- Your employer must have workers’ compensation insurance (this is required under law)
- You will need to file a claim with your employer or the workers’ compensation insurance company
What are the benefits of filing a claim?
If your claim is approved, you may be eligible for several types of benefits, including:
- Monetary compensation for lost wages while you’re unable to work
- Medical benefits to cover the cost of treatment
- Vocational rehabilitation benefits if you’re unable to return to your previous job
In some cases, you may also be able to receive benefits for permanent disabilities or disfigurement. These can include lump-sum payments as well as ongoing monthly payments. If you’re considering filing a workers’ compensation claim, it’s important to speak with an experienced attorney who can help you understand all of your options and ensure that you receive the full amount of benefits to which you’re entitled.
