Injuries Not Covered by Workers’ Compensation

Are you unsure if your work-related injury will be covered by workers’ compensation?

workers comp information

Workers’ compensation law is governed by the state, so the regulations vary from state to state. The injuries which are covered and which are not covered under the compensation system also vary from state to state; however, the general rule is that an injury suffered while at work, or an injury or illness resulting from working conditions is covered under workers’ compensation.

Injuries Not Covered by Workers’ Compensation

Not all injuries are covered under workers’ compensation. Workplace injuries such as minor cuts, scrapes, and small wounds which can generally be treated with first aid usually do not warrant any compensation. On the other hand, if the workplace environment has caused you a chronic illness, for example, continuous headaches caused by working in a chemical unit, you may seek compensation for the injury.

The most important question that arises is whether injuries sustained outside the workplace are covered or not. In this case, the general rule of employment at the time of the incident would be applicable. If the injury has occurred while you have been at work, then it may be covered under workers’ compensation. This means that if you are a salesman and you are injured while traveling, you may be eligible for compensation. On the other hand, if you had stepped out of your workplace during the lunch hour and got injured, you may not be eligible for compensation as you were not actually at work at the time of the injury. The same rule applies when you sustain injuries while commuting to and from work.

Commuting To and From Work

Traveling to and from work is considered outside the scope of employment; therefore, injuries sustained during commuting are not eligible for compensation. However, if you have sustained injuries while traveling for the purpose of work, such as attending a client meeting, you may be eligible for a workers’ compensation claim.

There are some types of injuries which happen at work, but are not work-related; such cases include injuries sustained during horseplay, fighting, or due to alcohol or drug use. In such cases, the workers’ compensation claim is denied as the person injured was not involved in productive work or was acting with utter disregard to personal safety.

Occupational Illnesses

There are other types of injuries or illnesses which may occur due to prolonged exposure to a toxic environment. These are called occupational diseases. These conditions develop over time and the symptoms appear gradually and then worsen with passing time. The best judge for this illness is your doctor who can check you and your symptoms thoroughly and advice the way ahead for claiming compensation for the illness contracted or injuries sustained.

Depression and post traumatic stress disorder are common illnesses which develop in response to physical injuries sustained. If you have developed a stress-related illness, contact your family doctor and a Missouri workers’ compensation lawyer so that you can be sure of receiving the compensation that you may be eligible for.

Missouri Workers Compensation Attorney

If you are unsure of whether or not your injury is eligible for workers’ compensation, call The Law Office of James M. Hoffmann at (314) 361-4300.

Updated: March 9, 2015