Workers’ Compensation and the Injuries and Illnesses that are Covered
Workers’ Compensation is a system of compensation that allows an employee to receive benefits, including medical expenses, wages lost while out of work and rehabilitation if you are injured, become ill or even die in a work related accident. Some injuries can be devastating, long lasting and even fatal. It would be wise to speak with a New York Workers’ Comp attorney if you or someone you know has experienced any of these. Following is information about the Workers’ Compensation process that may be of great assistance.
With few exceptions and under ordinary circumstances, all employees should be covered by Workers’ Compensation. One example would be if while on the clock, an employee is traveling to a customer’s business or residence and is involved in an auto accident, this would be covered. However, if this employee were to be in his or her own vehicle and has an accident on the way to or from work, this incident would not be covered under Workers’ Compensation.
If the Employee is Partially at Fault when injured, are they covered by Workers’ Comp?
Yes. Under the workers’ compensation insurance laws, even if the employee is deemed responsible or partially responsible for his or her injuries, they would be covered. Know as the “no fault system”, benefits are paid regardless of who is to blame for the accident or injury. On the other hand, the employee’s coverage may be excluded when his or her conduct violates company policy such as . Another situation would be if the employee intentionally injures himself.
What about coverage for repetitive motion injuries?
Several jobs require repetitive motion of some sort which can result in injuries. These injuries usually affect the hands and/or feet. For instance, an employee who spends a lot of time typing on a computer keyboard. These types of injuries are usually treated with rehabilitation, rest and mild medications. Every year in the United States, over 6 million work related injuries and illnesses occur and the most common among these are repetitive motion injuries. And yes, these injuries are covered by Workers’ Compensation.
Would Exposure to Harmful Toxins and Chemicals be Covered by Workers’ Comp?
Although workplace safety has improved over the last few decades, the risk of injuries and illnesses in some fields of work due to hazardous chemicals and toxins still remains. Exposure to these toxins can cause lung and throat injuries, burns, rashes and even neurological issues and workers’ compensation does cover these types of illnesses and injuries. These damages could also be caused by a third party in which case, you would have to consider filing a separate lawsuit against the third party to recover a full and fair settlement.
Thanks to our friends and contributors from Polsky, Shouldice & Rosen, P.C. for their insight into Workers Compensation.