What Does Worker’s Compensation Cover?
Under New York law, worker’s compensation would certainly cover injures, but also cover long term problems and illnesses, such as anything that arose out of and during the course of employment, including conditions and permanent injuries.
The goal of our White Plains worker’s compensation lawyers is to make sure that people who are permanently disabled are compensated for as long as possible, and potentially even for the rest of their lives. A discrete injury resulting from a slip and fall or something like that would obviously be covered, and under the New York State worker’s compensation law, it would cover anything else related to employment.
Repetitive Stress Injuries in the Workplace Are Covered Under Workers Compensation
Repetitive injury cases are quite common and they generally result from being repeatedly exposed to a particular hazard at work. Our Westchester on the job injury lawyers see these kinds of injuries all the time, and the most common example of a repetitive stress type of injury would be carpel tunnel syndrome.
This usually afflicts people who have to type a lot, secretaries or anybody who needed to work with computers a lot. Certain injuries that affect the back tend to occur over time. People who have to pick up boxes all day or load trucks all day may be prone to having repetitive accidents or repetitive stress injuries involving the back or various parts of the body.
Cases involving hearing loss are also quite common and they are generally reported by people who are exposed to high levels of noise at work over prolong periods of time. These kinds of injuries would be entitled to worker’s compensation, along with people who were complaining of respiratory problems because they were exposed to chemicals at work.
Repetitive Injury Cases Might Be Harder To Handle Than a Slip and Fall
Repetitive injury cases would usually require more proof, although in the end it would be the same thing. The injured worker would be charged with obtaining medical evidence in order to prove his or her claim, so it would essentially be the same process as long as there was medical evidence to support that the repetitive stress was caused by a work related condition.
The biggest problem with repetitive stress claims would be the statute of limitations, which is two years for New York State for workers compensation. The statute of limitations would begin to run from when the person became aware that the condition was work related.
Our White Plains workman’s compensation lawyers advise anybody who has a repetitive stress claim or an occuptional disease claim is that they should not wait to file the claim with the worker’s compensation board; they should not wait to report the claim once they discovered or suspected that the injury was work related.
Importance of Past Injuries That Are Unrelated Or a Pre-Existing Conditions
The insurance company would try to use that against the person, although they would not be allowed to. It would not matter if the person had been working fulltime and had a prior medical condition which did not affect their ability to work.
In fact, there have been a lot of cases that would suggest that prior conditions would have very little to do with the person’s entitlement to benefits. No one should be scared of filing a worker’s compensation case because they thought they might be denied benefits because they had a prior condition.
Injuries That Might Not Be Covered by Worker’s Compensation Law
There are very few injuries that are not covered under the Worker’s Compensation Law. Intentional injuries and injuries caused by the intent to do harm to others would usually not be covered, along with injuries that are caused solely by intoxication.
Idiopathic injuries would also not be covered, and these would include injuries where there was no explanation for the injury itself or that it was caused by something that was not necessarily related to work. A common example of this would be if someone faints.
I say they would sometimes not be covered because even with those types of injuries, it would still be worth it to file a claim to see whether any damages could be recovered. Our White Plains worker’s compensation lawyers have often been successful with injuries involving assaults and people fainting at work and things like that.
It would be hard to say whether or not an injury was specifically not covered because almost everything would be.
Worker’s Comp Can Also Cover Injuries That Take Place Outside Of the Workplace Premises
The injury would not have to occur on the employer’s premises to be compensable.
Injuries can sometimes occur and they often do occur outside of the employer’s premises. Exceptions have been made for outside workers including traveling salesmen, truck and taxi drivers and people like that, who do not have a fixed place of employment.
Employees whose job permitted them to work in the field would be covered from the time they left in the morning to the time they got home at midnight. There would also be an exception made for employees who were close to work. For example, if the employee was about to walk into their employer’s doorway and got injured right outside, even though the employee was not technically on their employer’s premises.
Existing case law suggests those cases would also be compensable. The closer the employee was to work, even though they were not on the premises, the better chance they would have to get compensation.
For more information on What Injuries Are Covered By Worker’s Comp, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 574-8330 today.