Who is eligible to file workers’ compensation claims?

On Behalf of | Jun 6, 2018 | Employment Law

When you suffer an injury at work, it can range from something minor, requiring only a single visit to the doctor to make sure that you’re okay, or it can be particularly debilitating one that requires surgery and ongoing rehabilitation. Some workplace injuries can be so severe that they leave you permanently disabled or even dead.

One of perhaps the most common questions injured workers ask employment law attorneys is whether their injuries qualify them for workers’ compensation benefits.

The truth is that most injuries that occur on your job can be covered by workers’ comp. Even injuries that occur while you’re driving a company vehicle or carrying out official business on another parties’ premises are generally covered as well.

Injuries that occur because an employee didn’t follow safety rules may not be covered, however. This includes any injuries that result from workers engaging in horseplay.

Included under the umbrella of workplace injuries are occupational conditions, e.g., someone working in a clerical role who spends significant time on a computer and develops carpal tunnel syndrome.

Alternatively, an employee that is repeatedly exposed to second-hand smoke may develop a respiratory or lung condition. In both of these situations, these occupational diseases may be covered by workers’ compensation benefits.

Any preexisting medical condition that’s exacerbated while you’re on the job may also be eligible for compensation.

While most every employer is required to take out workers’ compensation coverage, there are some limits that apply as far as the category of worker eligible to receive it. Some who work in seasonal roles and agricultural and domestic workers are generally ineligible to receive workers’ compensation benefits.

If you’ve been hurt on the job, a Cincinnati employment law attorney can advise you of your rights to file a workers’ compensation claim in your injury case.

Source: FindLaw, “What type of injuries are compensable under workers’ compensation?,” accessed May 18, 2018