Types Of Injuries And Diseases That Are Covered By Workers Comp

Section 4. Types Of Injuries And Diseases That Are Covered By Workers Comp

Basically, workers comp covers any injury or disease that arises out of and in the course of employment. I break the injuries down into two groups: Instant and Long Term.

Instant Injuries

These are injuries that happen in an instant. They can result from an accident, a malfunctioning machine, or they just simply happen. For example, a fellow worker is moving material with a crane, he doesn't see you, and hits you with the material hanging from the crane. Another example would be where the crane malfunctioned causing the load to drop suddenly and injuring you. A third example would be where the crane lift cable simply snapped causing the load to suddenly drop and hurt you. In all three examples, the injury to you would have happened in an instant and would be covered by workers compensation insurance.

The key is that the injury occurs while performing work that is within the scope of your employment. Most injuries that you suffer during work hours at your work place are covered. Work place includes places where you perform installation or repair services. Accidents that occur going back and forth between your employer's place of business and a work site are generally covered. But accident that occur going to and from your home to your employer's place of business or a work site are normally not covered by workers comp.

Some injuries may not be covered by workers compensation even though you were injured at work. The most common reasons are:

    - Outside the scope of your employment. For example, you work in the office, but you walk through the plant as a short cut and are injured. Taking a short cut and walking through the plant is not within the scope of your employment and your injury probably would not be covered by workers compensation.

    - Horseplay. If you are playing instead of doing your job and you are hurt, your injury may not be covered by workman's compensation.

    - Self intoxication from drugs or alcohol. If you are impaired by either drugs or alcohol and are hurt, your injury may not be covered by workers compensation because you probably would not be hurt if you had not been impaired.

    - Failure to use safety equipment supplied by your employer. There is a reason that your employer gives you safety equipment. If you are injured because you were not using the safety equipment, then your injury may not be covered.

Long Term Injuries

I refer to these injuries as long term because they do not occur instantly, but occur over a long period of time. These types of injuries include occupational diseases and physical and emotional problems which result from job related activity.

Occupational diseases are diseases or conditions which result from exposure to harmful substances in your work place. A prime example is "brown lung".

Physical and emotional problems are injuries or conditions which result from work requirements or pressures. A good example is work which requires a repetitive motion which causes carpal tunnel.

Occupational diseases and physical and emotional problems which result from job related activity are generally covered by workers compensation.

This ebook is for general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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