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March 9, 2016

Is My Injury Work Related?

PA Work Injury

When you file a worker’s compensation claim, you will have to show that your injury or illness is work-related. Generally, if you were doing something for the benefit of your employer, and you were injured or became ill as a result, then your injury or illness is work-related and you can receive worker’s compensation benefits as long as the other eligibility requirements have been met.

Below are some common situations involving the “work related” requirement:

  1. Lunch Breaks: 

    Usually, injuries or illnesses that happen while an employee is taking a lunch break are not covered under workers’ compensation. However, if you were also picking up lunch for your boss, then there is a possibility that the injury might be covered.  In another example, if you sprained your ankle in a cafeteria on the company’s premises, then your injury might be covered by workers’ compensation.

  2. Company Events: 

    Injuries sustained at company events or parties are usually covered by workers’ compensation.

  3. Travel:

    If you are injured on your commute to or from work, your injury probably is NOT covered by workers’ compensation. However, if you are traveling for work your injuries will probably be covered.  In another example, if you are a traveling salesperson, then injuries you sustain while driving to meet with a customer will likely be covered.

  4. Misconduct: 

    If you were injured while breaking a workplace safety rule, your injury may still be covered by workers’ compensation, depending on the level of your misconduct. This is part of the workers’ compensation bargain: Employees do not have the right to sue their employer for work-related injuries, but those injuries are usually covered by workers’ compensation, regardless of fault.

  5. Hearing Loss: 

    People who work in noisy environments often suffer hearing loss over time.  And unless there is some other reason for the impairment, this injury is usually covered by workers’ compensation.

  6. Mental Conditions:

    Mental conditions that are job-related are covered by workers’ compensation. However, that it can be hard to prove that the mental condition actually exists and that it was caused by workplace events. This is a situation in which a consultation with a lawyer can help you decide how to proceed. Conditions caused by a stressful workplace environment can also be compensable.

  7. Diseases and Illnesses: 

    If you have a disease or illness that was caused by your job, then you are likely entitled to worker’s compensation.

At The Levin Firm, we understand that representing workers’ compensation claimants requires particular types of skills and knowledge, as well as ability to understand your rights as an employee. We understand these issues, and work with our clients, their friends and family, as well as their doctors, psychologists, long-term care planners, and others – to ensure that our clients receive not only the finest legal representation, but also the finest support and medical care.

Workers’ compensation claims are complex, and require attorneys who understand how to navigate the system, and who are willing to explain the status of your case to you every step of the way. At The Levin Firm, we investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.

When you need a Philadelphia, Pennsylvania or New Jersey personal injury attorney to represent you, a family member or friend who has been injured at work, contact The Levin Firm at (215) 825-5183We represent every client zealously in order to obtain the best results possible in each case.

Sources:

1.      http://www.levininjuryfirm.com/practice-areas/workplace-injuries/workers-compensation/

2.      http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter12-3.html

3.      http://www.nolo.com/legal-encyclopedia/workers-compensation-injury-or-illness-32964.html

4.      http://www.nolo.com/legal-encyclopedia/how-handle-your-workers-compensation-independent-medical-examination.html

5.      http://www.nolo.com/legal-encyclopedia/workers-compensation

6.      http://www.nolo.com/legal-encyclopedia/getting-fair-amount-from-your-workers-comp-settlement.html

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