Workers’ compensation law is a complex area of law that blends principles of employment law and personal injury law. Workers’ comp claims cover on-the-job injuries, of all sorts, for employees in nearly every industry. However, not all employees will be covered.
For an employee’s injury to be covered by workers’ comp, the two main requirements include:
- that the employee actually be an employee, rather than an independent contractor; and
- that the injury occurred within the scope of employment.
Additionally, because workers’ comp law is a product of state law, requirements may vary from state to state. Below you’ll find five of the most common questions about which injuries may qualify for workers’ comp.
Whether or not you can get workers’ comp for anxiety and emotional distress will depend largely on your state’s laws. Typically though, an employee would need to show that the anxiety and emotional distress are related to the actual work, or work environment, and not caused by some other source. Additionally, these injuries can be difficult to prove because they are often not visible on the surface.
Whether or not frostbite will qualify for workers’ comp can sometimes be a tricky question. Generally, employees that must work outdoors in cold weather will likely qualify if the frostbite injury occurred while working.
Although alcoholism is recognized, medically, as a serious addiction problem, showing that alcoholism is work related poses a big challenge for a workers’ comp claim. Unless drinking alcohol is a requirement of your job, it will exceedingly difficult to qualify. But, under the right set of facts, it may be possible.
Like workers’ comp claims for anxiety and emotional distress, claims that result from extreme stress are not available in every state. Also, similarly, these claims can be difficult to prove because stress may not be visible on the surface.
In theory, if an employee contracts Zika while on-the-job, they should qualify for workers’ compensation. Workers’ comp laws are designed to provide workers with relief for injuries sustained while working for an employer. However, a problem with a claim for Zika is proving that it was contracted while working.
Workers’ compensation claims can be difficult to assess without the assistance of a workers’ compensation attorney. Frequently, workers’ comp attorneys will provide free consultations and services on a contingency fee (no upfront cost to you). Seeking a consultation as soon as possible after an on-the-job injury is recommended in order to maximize your receipt of benefits.
- Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
- Workers’ Compensation (FindLaw’s Learn About the Law)
- Can Workers’ Comp or Injury Settlements Be Garnished? (FindLaw’s Injured)
- Can You Get Workers’ Comp If You Fail a Drug Test? (FindLaw’s Injured)