Injuries Covered vs. Not Covered by Workers’ Compensation

worker filling up the insurance formWorkers’ compensation is an excellent employee insurance protection system when it works as intended. It is designed for injured employees to receive medical attention immediately following a workplace injury along with replacement wages. In exchange, employers are exempted from a personal injury general damages claim for long-term implications as long as they are compliant with the work safety laws. The problem is that claims are often denied based on specific assertions of the employer or their insurance company regarding the nature of the injury. This is usually focused on whether the injury is a covered medical issue. When this happens it is always vital for the injured employee to retain legal counsel immediately like the Wichita Kansas workers compensation lawyers at Franklin Law Office for a positive outcome.

Protected Injuries

Rules of the workers compensation program require that all injuries incurred while discharging official job-related duties are covered injuries. This covers a wide scope of operations depending on the industry, and claims are often undeniable for the employer. Many times, employers will conduct investigations into the condition and actions of the employee and attempt listing the accident as a “near miss” injury situation. In addition, exposure to toxic chemicals or repetitive motion disorders for excessive physical labor are also claimable injuries that are not connected to a particular accident. These are all covered injuries that an experienced workers comp attorney can process for benefits.

Unprotected Conditions

Being unable to work due to externally associated medical issues will typically not generate a worker’s comp claim unless the issue can be connected to employment. This does not include issues like contacting the flu at work or relatively small problems that will clear up later. Injuries must have a direct association with employment in verifiable detail. The potential of a connection could still mean consulting with a worker’s comp attorney may be a good decision just to make sure. In addition, employers who are not in OSHA compliance could also still be liable for coverage and a potential general damages lawsuit in some instances.

Any worker in Kansas who thinks they may have a workers comp claim should contact Franklin Law Office Wichita Kansas workers compensation lawyers for a full case evaluation.