| Workers Compensation |
| General Workers Compensation |
| Pre-Existing Conditions |
| Workers Compensation Benefits |
| Filing a Workers Compensation Claim |
General Workers' Compensation Law
The workers' compensation system has one primary purpose: to provide a uniform and equitable procedure to compensate employees for work-related injuries, the cost of which is covered by insurance and other assessments against employers. It is the state, rather than federal, law that largely governs workers' compensation.
Although workers' compensation laws vary among states, there are some features that are common. As a general rule, the employee or the beneficiary (in case of death of employee) must show that:
(1) there exists an injury or disability;
(2) said injury or disability arises out of and in the course of employment; and
(3) it is accidental.
Injury or Disability
You must initially demonstrate that you suffer an injury or disability which affects your earning capability. Because of this particular requirement, there are some injuries that can be held compensable in personal injury litigations, but are non-compensable under workers' compensation law.
Arising Out of, and in the Course of Employment
This requirement has actually two elements: the injury arising out of employment, and the injury occurring in the course of your employment. The out-of-employment requirement must establish a direct causative relationship between the injury and the employment, that is, a causal connection must exist between the injury and the conditions under which the work is required to be performed.
The second element refers to the time, place as well as the circumstances surrounding the injury. This will involve key questions about whether the injury occurred within the period of employment, at the place of employment, and/or at a location where the worker might reasonably be expected to be found while performing duties required by the employment.
Accident
The cause of your injury must be accidental, that is, it must be an unforeseeable or unanticipated event that happens at the workplace. There are some causes of injury that while they may not be accidents in a lay sense, they are still compensable.
For example, if your job assignment routinely requires you to lift heavy items and you develop a hernia, this is an unexpected result of performing your job and, therefore, you are entitled to compensation for the injury. In most instances, this test may be satisfied either by an event that accidentally causes injury or by an accidental result of routinely performing the job.
If you have queries or concerns about issues or provisions on workers' compensation, you must consult with a workers' compensation attorney.