What Types of Injuries Do and Do Not Qualify for Workers’ Comp?

 Posted on April 07,2022 in Workers' Compensation

For people who are injured while at work, workers’ compensation can provide them with benefits that address the effects of their injuries. To ensure that they will be able to make a full recovery, medical benefits will fully cover all expenses related to the treatment a person receives. If a person will miss work or lose income because of their injuries, they may qualify for temporary disability benefits while they are recovering, or they may receive permanent disability benefits to address an injury that will affect their ability to work and earn income in the future. While these benefits will be available for injuries that are considered to be work-related, some confusion may arise about whether a specific type of injury is covered by workers’ comp.

Understanding Work-Related Injuries

Generally, a person will qualify for workers’ compensation if they suffer an injury that occurred while they were working. Work-related injuries include:

• Injuries in workplace accidents, regardless of who was responsible for the conditions that led to an injury.

• Injuries that were directly related to the work a person performed, such as back injuries that take place when a person lifts a heavy object.

• Injuries that arose out of the work a person performed, such as repetitive stress injuries that occurred because of physical activities during regular work-related tasks.

• Any other injuries that were caused by a person’s employment.

Injuries That Are Not Work-Related

Certain types of injuries that occur in the workplace or that may seem to be related to a person’s employment are not covered by workers’ compensation. These include:

• Injuries that occurred while a person was commuting to or from work, including car accidents that took place in an employer’s parking lot.

• Injuries that were intentionally self-inflicted.

• Injuries that took place because an employee was intoxicated by alcohol or because of their illegal use of controlled substances.

• Injuries that were caused by fights or altercations in which an employee was the aggressor.

• Injuries that occurred when an employee was voluntarily participating in recreational, social, or athletic activities that were not part of their work, including company wellness programs.

• Injuries that occur when an employee eats or drinks food or beverages for personal consumption or prepares meals that they brought into the workplace.

• Injuries that occur when a person is performing personal tasks in the workplace outside of their regular work hours.

• Situations in which a person experiences symptoms of an injury or illness at work, but these were originally caused by issues that were unrelated to their employment.

Contact Our San Benito County Work Injury Lawyers

While workplace injuries are typically covered by workers’ compensation, there are some cases where an employer or their insurance company may dispute that an injury was work-related. When filing a workers’ comp claim, employees should be sure to understand their rights, and they can work with an experienced lawyer to ensure that they will be able to receive the benefits they deserve. To learn how Cramer + Martinez can help with your case, contact our Hollister workers’ compensation claim attorneys at 408-848-1113 and set up a free consultation today.

Sources:

https://www.dir.ca.gov/t8/14300_5.html

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3600.&lawCode=LAB