Three Types of Injuries Covered Under Workers Compensation

Post by: Eric Jones | Posted Date: January 12th, 2015 | Categories: Columbus Personal Injury Lawyer, Columbus Workers Compensation Attorney

Workers compensation claims are often denied because those seeking benefits are injured in a way not covered by workers compensation. To better understand why this is so, you have to take a look at the history of workers compensation.  Workers compensation laws were put in place to help insure workers safety while reducing liability for employers.  With the ability to pay into workers compensation insurance accounts, employers were released from tort liability for workplace injuries and employees received relatively quick and equitable compensation for workplace injuries.  The Bureau of Workers’ Compensation (BWC), who oversees the claims process, manages this social contract between workers and employers. 

Before you file a claim, you must ask first if the injury was sustained at work or away from work.  Many injuries are not compensated because they are sustained while at home and presented as a work place injury.  These are 3 common types of injuries covered under workers compensation insurance:

1. Physical injuries sustained as a direct result of work

This is the most obvious injury that should be covered by workers compensation.  Here, a worker will have performed a task at his or her place of work and will be injured because of the physical work performed.  To file a claim you must first tell your employer, as they will often need to complete an incident report.  After you have notified your employer, you should visit your doctor or health care provider.  Once you have visited your health care provider and can show the injury has occurred you can proceed with your claims.  Each situation is unique, so contact a workers compensation lawyer in Columbus, Ohio for help with any claims. 

Not all injures need to occur on the working premises to be considered a workplace injury.  If you are at an off-site conference, or working with clients on-site, you are still covered.  Just be sure to follow all necessary reporting steps to alert your direct supervisor of your injury and refer to your employee handbook for the next steps.  If your claim is denied for an off-site injury that is work related, hire a workers compensation attorney to handle your appeal.  You will have a better chance of presenting a more complete appeal with the help of a workers compensation attorney.  

Additionally if you sustain an injury while on off the clock, utilizing an employer run cafeteria or break room, you can still classify the injury as one that happened as a direct result of work.  Or if you sustain an injury off the clock that is to the direct benefit of the employer, you may be covered.  The claims process can be messy, so it is best to contact a workers compensation attorney to review your specific case.  An attorney will help simplify the process and advocate on your behalf for workers compensation benefits.

2. Mental injury sustained while working

Stress is a common occurrence in our busy lives, but when you have mental distress and elevated levels of stress at work, it may be considered a work place injury under workers compensation law.  You need to ask if the stress from your work environment has resulted in a permanent impairment, can you show that the stress was work related, and was it more than normal for a position of that type.  A workers compensation attorney can help you review the different factors leading to a mental injury that may be covered under your workers compensation insurance. 

In addition to claims of stressful work environments, you may be able to receive workers compensation benefits for a psychological condition that is a direct result of your work environment.  This is not stress from day to day, but rather something akin to Post Traumatic Stress Disorder (PTSD).  If you suffered a traumatic injury at your workplace such as a heart attack you may find it difficult to return to work.  If you are having difficulty returning to work due to panic attacks or anxiety that the traumatic event may occur again, you may have a valid workers compensation claim.  Talk to a Columbus, Ohio workers’ compensation lawyer about your claim.

Mental injury claims are almost impossible to file on your own, and many are denied.  This is why it is so important to retain a workers compensation lawyer to advocate on your behalf.  With an attorney who knows the workers compensation process, you will have a better chance of presenting a more complete and convincing workers compensation claim.  

3. Illnesses from exposure to chemicals while at work

If you feel ill and have a persisting cough or other condition, you should see a doctor.  Your doctor may be able to pinpoint a certain environmental factor that is causing the discomfort.  If you are working in a factory or other industrial environment with exposure to chemicals or toxic substances, you may be covered. Alternately, if you are working in an office and feeling faint or ill, you may still have an actionable workers compensation claim.  Talk to a Columbus, Ohio workers compensation lawyer and learn what types of workers compensation benefits are available to you in Ohio. 

If your workplace injuries are severe enough to permanently alter the course of your life, you should hire an attorney. An Ohio workers’ compensation attorney can advocate on your behalf to ensure that you receive the workers’ compensation benefits to which you’re entitled. Call Jones Law Group at (614) 545-9998 or contact us online to schedule a free consultation. Our skilled workers’ compensation attorneys will review your claim and assess whether you need an attorney.

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