Most of the employers need to have workers compensation insurance, which aids employees who sustain any workplace related injury, loss of wages, and others. The injuries compensable under workers compensations law include only those that have taken place at work area or in employment condition.
Some of the examples are:
- Lung cancer due to second hand smoke
- Carpal tunnel syndrome due to repetitive motion
- Twisted ankle or broken back by falling from higher levels and many more
How To Find Out If It Is Work Related Injury?
Workplace injury is the one that happens while you are performing an assigned task in the course of your employment. Injuries that take place in a company owned vehicle or other locations is also compensable, as long as you were performing a task associated to your job. These also include company’s social events and parties, not necessarily on the business owned premises.
Are All Work Related Injuries Compensable?
Any injury that meets all these criteria is compensable:
- Is the injured person part or full time employee
- Employee sustained injury or suffered from illness that occurred in the course of employment
- Arose from the circumstances at work
- Which resulted in temporary or permanent impairment
- Resulting in Loss of wage
- then the injured employee can file for workers compensation claim
Are you covered?
Employers are required to have workers compensation insurance. Some of the types of workers who are not covered under this insurance are:
- Agricultural workers
- Domestic workers (nannies, housekeepers, babysitters)
- Undocumented workers
- Seasonal workers
Determining Compensability
Just because you are injured at work, it does not mean you are covered under the workers compensation insurance.
Let us understand the compensability better
If a worker has a heart attack while working, then it could or not be due to the circumstances at work
In case the heart attack is due to personal health condition, then employer is not responsible for your loss
If the condition arose because of the heavy workload, then the employee is eligible to claim for workers compensation benefits
If you are not sure whether you are covered or not, consult a reputed workers compensation attorney. Instead of filing for a claim, which can be rejected, it is always better to take proper advice from a professional.
If you are living in San Diego, and are worried about workers compensation benefits, then stop now. There are many reputed attorney who can help you with your case, and make sure that you get what you deserve.
Do You Need Legal Help To File A Claim?
Ideally, your claim for workers compensation will be processed in the right manner, and you will get the complete amount of the loss incurred. However, in the worst case scenario, you might need legal help with the claim.
You will definitely need workers compensation attorney if any kind of injury is that happened at workplace is not covered under the law. If you need a professional attorney to handle your case, click on http://workerscompensationattorneysandiego.net/.