The workers’ compensation system, unlike the process of pursuing personal injury benefits, is not fault-based. This means that it rarely matters how an employee has been hurt on the job when they are applying for these benefits. Instead, workers’ compensation insurance claims adjusters are primarily concerned with the following:
- Is the employee eligible for benefits?
- Was their physical harm caused by work-related activity?
- Can it be proven that their harm is solely or primarily work-related?
If these concerns can be addressed satisfactorily, an employee should receive the maximum benefits to which they are entitled.
Notice that none of these concerns focuses on any particular kind of occupational injury or illness. This is because acute injuries, repetitive trauma, exacerbation of preexisting conditions and occupational illness all qualify for workers’ comp benefits. Under certain circumstances, even financial losses stemming from mental and emotional trauma caused by work-related circumstances may be reimbursable via a workers’ comp claim.
In a nutshell, if physical harm is caused by work-related activity – and that causation is provable – chances are very good that the condition in question is eligible for workers’ comp.
Knowledge is power
It is important for all employees who are covered by workers’ compensation insurance to understand their rights and eligibility for benefits. When workers aren’t provided with access to this critically important information, they may suffer needlessly. Being informed allows workers to make smart decisions in their own interests when they’ve suffered work-related harm.
As a result, any employee who is interested in learning more about their rights and options concerning workers’ compensation can benefit from seeking legal guidance. Whether they reach out proactively in order to be better prepared in the event of an injury or they’re concerned about their options because they’re already hurt, making this effort can potentially benefit any employee significantly.