Is it a work related injury?
Learn how to determine if your injury is work related and qualify for compensation.
A work related injury entitles the injured employee to some compensation. However, it is difficult to determine whether the injury is really a work related one or not. According to OSHA’s recordkeeping rule, an injury is considered work related if “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness”. However there are some exceptions such as:
- The injury happened as a consequence of voluntary participation in a health or recreation program such a blood donation or exercise.
- If the employee had been doing a personal task in office but outside his working hours, the injury will not be considered work related.
- The injury caused by a motor accident in the parking lot while the employee was coming to work or going back.
- A common cold or flu caught at work.
- A mental illness is not considered work related unless professional evidence is provided by a trained and experienced psychiatrist.
- At the time of the injury if the staff member was present at the work premises as a part of the general public rather than as employee and got injured, it will not be considered work related.
- If the symptoms of the injury appear at work but it was actually caused by something outside the work environment.
The attorneys at Lyle B. Masnikoff and Associates have tremendous experience in workers’ compensation law and maintain a high standard of excellence in the representation of injured workers. They are dedicated to assisting the clients fight for their rights and benefits and go to great lengths to solve their problems.
This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.