What Types of Injuries Are Covered by Workers' Compensation?

At Davidoff Law Personal Injury Lawyers, we know that workplace injuries come in many forms. They can be sudden, like a car accident on the job, or develop slowly, such as repetitive stress injuries. Workers' compensation exists to help injured workers receive medical care, lost wages, and other benefits without proving fault. Under workers' compensation law, employees are protected even if the accident was partly their own fault. In this article, we explain what types of injuries are covered by workers' compensation and how we assist workers in filing a workers' compensation claim and securing the benefits they need.

Workplace injuries can include both obvious and hidden harms. Our workers' compensation lawyer assists workers dealing with serious and traumatic injuries, as well as occupational illnesses. From broken bones to carpal tunnel syndrome, post-traumatic stress disorder, or heart attacks, we help ensure workers' compensation covers each injury. Our team guides employees through workers' compensation insurance claims, gathers necessary evidence, and communicates with the insurance company to protect your rights. We focus on making the workers' compensation coverage process clear and accessible.

The Core Principle: "Arising Out of and in the Course of Employment"

To qualify for workers' comp, an injury must happen both in the course of employment and arise out of employment. "In the course of employment" means the injury occurred while performing work-related tasks, during work hours, or at the workplace. This includes injuries that happen off-site if the worker was performing job duties.

"Arising out of employment" means the injury was caused by a risk associated with the job. For example, exposure to harmful chemicals, heavy lifting, or repetitive motions, which can lead to repetitive motion injuries, may trigger coverage. The injury must meet both parts to be considered compensable.

We help injured workers show that their work-related injury meets this test. Our team collects medical bills, documentation of workplace exposure, and other necessary evidence to prove the claim. By guiding workers through the workers' compensation board process, we increase the chance of receiving full workers' compensation benefits.

Common Types of Sudden or Traumatic Injuries

At Davidoff Law Personal Injury Lawyers, we handle cases where injuries are sustained suddenly or unexpectedly. Common injuries covered include:

• Slips, trips, and falls – Can cause broken bones, sprains, or head injuries.
• Struck-by or caught-in/between accidents – Occur when a person is hit by falling objects or trapped in machinery, leading to serious injuries.
• Motor vehicle accidents affect employees who drive for work, such as delivery personnel, drivers, or salespeople. These often require medical treatment and a long recovery.
• Overexertion injuries – Lifting, pulling, or throwing heavy objects can cause muscle tears, hernias, or back injuries.
• Violence in the workplace – Assaults by clients, customers, or coworkers may lead to medical expenses and time off.

We guide injured workers through the workers' compensation claim process to ensure the insurance carrier pays for medical care, lost wages, and other workers' compensation benefits.

Occupational Illnesses and Repetitive Stress Injuries

Some injuries covered by workers' compensation develop over time rather than from a single event. These include:

• Occupational illnesses – Diseases caused by exposure to harmful chemicals, loud noise, or other workplace hazards. Examples include lung disease, hearing loss, heart disease, or other diseases linked to the job.
• Repetitive stress injuries (RSI) – Cumulative trauma disorders from repeating work-related tasks. Examples include carpal tunnel syndrome from typing, tendonitis from assembly line work, and back problems from repeated lifting.

Even a pre-existing injury or condition can worsen at work. Workers' compensation law may still cover injuries under specific circumstances. We collaborate with attorneys and medical experts to gather the necessary evidence, ensuring employees receive medical treatment, medical expenses, and workers' compensation benefits for a full recovery.

Specific and Complex Injury Examples

At Davidoff Law Personal Injury Lawyers, we help workers with severe injuries and complex medical conditions that are often covered by workers' compensation. These injuries may require ongoing medical treatment and can affect a worker’s ability to perform job duties. Common examples include:

• Back and Neck Injuries – Such as herniated discs, spinal cord damage, and chronic pain. These injuries can result from lifting, overexertion, or accidents at work.
• Head and Traumatic Brain Injuries (TBI) – Including concussions or more serious TBIs caused by falls or blows to the head.
• Burn Injuries – Electrical, chemical, or thermal burns from workplace hazards or exposure to harmful chemicals.
• Mental Health Conditions – Work-related stress, anxiety, or post-traumatic stress disorder (PTSD) may be covered if linked to a specific event or extraordinary work-related stress.
• Hearing Loss – Caused by long-term exposure to loud workplaces, such as factories or construction sites, which can develop into an occupational disease.

We work with injured employees to determine if their medical condition qualifies for workers' compensation benefits. Our attorneys guide workers through the claims process, gather necessary evidence, and explain each step. We also offer a free consultation to review your case and help you seek full recovery.

Injuries That Are Often Challenged or Not Covered

Not all injuries are covered by workers' compensation insurance, and some claims face challenges from the insurance carrier. Common exclusions include:

• Injuries from horseplay or fighting started at work.
• Self-inflicted injuries are generally not compensable.
• Injuries sustained while commuting to or from work, except in specific circumstances.
• Injuries occurring while intoxicated or violating company policies.
• Pre-existing conditions that are not worsened by work.

We help injured workers present strong evidence to prove which injuries are covered. Our team works closely with your employer and medical providers to document your medical condition and show the impact on your job. We aim to make the workers' compensation claim process clear and fair.

Steps to Take After a Workplace Injury

At Davidoff Law Personal Injury Lawyers, we advise injured workers to act quickly after a work-related injury. The first step is to report the injury immediately to your employer or supervisor. Prompt reporting helps protect your workers' compensation claim and ensures the insurance carrier cannot deny coverage due to delays.

Next, seek medical treatment. Getting proper care not only helps your recovery but also creates medical records that prove the injuries sustained. Be sure to share your medical condition with the doctor and mention that it happened at work.

Finally, file a workers’ compensation claim as soon as possible. Many states require claims to be submitted within two years of the work-related injury. We assist workers in completing forms, gathering necessary evidence, and following up with the insurance company to ensure workers' compensation benefits are received.

Frequently Asked Questions

What if my injury was my fault?

Under workers' compensation law, most injuries are covered regardless of fault. We help injured workers file claims and prove the injuries sustained are work-related.

Does workers' compensation cover stress?

Mental health conditions like post-traumatic stress disorder may be covered, but you must show that a specific work-related event caused the condition.

What should I do immediately after getting injured at work?

Report the injury to your employer, seek medical treatment, and document the incident. This helps determine the severity and ensures coverage.

How long do I have to report a work-related injury?

You generally have two years from the date of the injury to file a workers' compensation claim. Reporting sooner increases the chance your claim will be approved.

What if my workers' comp claim is denied?

We can review your case, gather necessary evidence, and appeal the denial. Our attorneys work with the insurance carrier to secure the benefits you are owed.

Injured on the Job? Let Our Queens Workers' Compensation Lawyer Fight for the Benefits You Deserve

Workers' compensation can cover a wide range of injuries, from sudden accidents to gradual conditions like repetitive stress injuries or occupational diseases. Insurance companies often dispute claims, especially for complex injuries or mental stress.

Don't let a denied claim stop you from getting medical care and financial support. Contact Davidoff Law Personal Injury Lawyers today for a free consultation. We have the experience to prove your injury is work-related and help you get full workers' compensation benefits.