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When you’ve been seriously injured, the pressures immediately begin to mount. It is a lot to handle on your own. Don’t struggle through the process alone. Get a free consultation by calling our Workers Compensation lawyers now!

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Compensation for Work Related Injury or Illness

In order to avail the benefits provided by workers’ compensation, you are required to prove that the injury or illness is related to your work. Rephrased in legal jargon, the unfortunate event must be “arising out of employment and occurring during the course of employment,” commonly abbreviated as AOE/COE. Know the rules that dictate whether or not an employee’s injury or illness is work-related and covered by the workers’ compensation.

personal injury workers comp claim

If, however, fooling around or breaking rules in the workplace is excused by the employer, or is a commonly accepted behavior in the workplace, the courts consider injuries sustained during such times as work-related injuries and workers’ compensation benefits can be availed.

Illnesses and diseases that develop because of constant strain on the worker are covered by the workers’ comp. Diseases related to work as well as psychological or physical illnesses resulting due to long-term exposure to stress and strain are all covered by the workers’ comp. However, in such instances, there is a difficulty in attempting to prove whether the illness is work-related or not. Different states have different rules for such situations. For more information, you are required to check out the employees’ rights booklet provided by your employer that lists down the injuries and illnesses that are covered by workers’ compensation.

Some exceptions exist. For example, injuries sustained while the worker was drunk or under the influence of illegal drugs are not covered by the workers’ comp. The coverage is not provided if the injured worker was:

  • Hurting himself or others intentionally
  • Breaking work-related rules intentionally
  • Perpetrating a serious crime, or
  • Fooling around in the workplace, aka horseplay
Seek a lawyer

Many times a worker's injury or illness may be of a dubious origin, a gray area when it comes to understand worker's comp coverage. In these special circumstances, it is always worth seeking a lawyer’s expertise. The lawyer may be able to tell you whether or not you qualify for the benefits. As a lawyer is aware of your state laws he may be the best counsel in such matters.

Call now to schedule a free & confidential consultation about your case.

You will pay no legal fees unless a favorable settlement is secured for you.  (855) 906-2966

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You will learn more about the trial in article 2

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