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You are here: Home / Law / How to Know if Your Injury Qualifies as a Workplace Injury
How to Know if Your Injury Qualifies as a Workplace Injury

How to Know if Your Injury Qualifies as a Workplace Injury

July 16, 2022 by Andrea Fonseka

If you have been injured on the job, you may be eligible for workers’ compensation benefits. Workers’ compensation insurance is a form of insurance that protects employees from workplace injuries.

However, not all injuries are work-related. In fact, an estimated 80 percent of all injuries that occur at work are caused by non-work activities. Most personal injury lawyers and attorneys will agree. On that note, we highly recommend getting a competent lawyer or attorney or to seek out a reputable law firm such as a Bronx worker’s compensation attorney.

Here are some questions to help determine if your injury qualifies as a workplace injury:

  • Was the injury caused by an activity that was required or expected by your employer? If so, it probably qualifies as a workplace injury.
  • Did the accident occur during your work hours? If so, you likely have a case against your employer’s workers’ compensation insurance company. If not, there may be other options available to recover damages related to lost wages and medical bills incurred due to the accident. For example, if someone else caused your accident while they were driving their vehicle on private property (such as a parking lot), then they would be liable for any damages they caused while driving their vehicle on private property.

Knowing the compensation status of your injury

If you suffer an injury at work, it is important to know whether your injury is compensable. Injuries that occur on the job are generally considered to be compensable if they are due to a work-related accident or exposure to hazardous material. To determine whether your injury is compensable, ask yourself the following questions:

Was the accident caused by a sudden event or did it develop gradually over time? If it was caused by a sudden event, then your injury may be compensable. For example, if you were hit by another person while performing your duties as a nurse, then this would likely be considered a workplace injury.

However, if you have developed carpal tunnel syndrome over time while typing on computers at work, this would not likely qualify as a workplace injury because it did not result from an immediate accident.

Did you suffer any injuries when the accident occurred? If so, these injuries will likely be compensable under workers’ compensation laws in your state.

For example, if someone accidentally bumps into your shoulder while walking through a crowded hallway at work and causes you to sprain your shoulder muscle or tear some cartilage in your shoulder joint, then this would likely be considered a workplace injury because it resulted from immediate action.

Injuries as per the OSH Act

The Occupational Safety and Health Act (OSH Act) is a federal law requiring employers to provide a safe workplace for their employees. If you are injured on the job, you may be able to take advantage of protections under the OSH Act.

Injuries on the job can happen for many reasons:

  1. Contact with moving machinery or vehicles
  2. Contact with chemicals
  3. Exposure to dangerous substances or germs
  4. Falls from heights
  5. Slips and falls on ice or wet surfaces

Reputed law firms such as Bronx Injury Lawyers are recommended in any of these legal cases. Get yourself a good Bronx worker’s compensation attorney to make your life easier.

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