4 Important Things To Know About Workers’ Compensation
Workers’ Compensation injuries and cases can be complex and multifaceted. Some details are important to understanding your rights and why you should consult with a personal injury lawyer. The following are important points we want you to know about when it comes to injury due to a work-related accident.
1. Work-related Injuries Are Mental, Physical, or Both
Mental harm is an injury to your mental health or physical brain and nervous system. They can result from bullying, other forms of aggression or physical violence, or job-related accidents. They are accidental or purposeful injuries that include nervous disorders and trauma.
2. Occupational Disease is a Personal Injury and Workers’ Compensation Injury
An occupational disease is a mental or physical injury that occurs over a period of time rather than an accidental injury that happens suddenly. Occupational disease can be linked to working with substances, such as asbestos, or from an environmental incident such as working around loud machines for years. Repetition injuries also occur over time and are considered to be occupational diseases or injuries. For instance, if you’re required to consistently lift heavy objects or work with large tools, over time you sustain injury to your back.
3. It’s Not Always Clear Cut If It’s A Workers’ Comp Case
Generally, it is not a work-related accident if it happens in the company vanpool. It is a workers’ compensation injury if you are hurt on the company’s property, stairs, or in their parking lot. These types of fine-line injuries should be reviewed by a personal injury lawyer even if you think the injury is not covered by workers’ comp. There are exceptions and those exceptions are sometimes hidden.
Another example of a fine-line injury is if you are hurt while off the clock in the break room while eating your lunch. This is a covered workers’ compensation injury. If you are, however, off the clock and at a restaurant eating your lunch and are injured, it is not usually covered by worker’s compensation, unless you are at an employment-related event.
4. Two Years Limitations
Any employment-related injury should be reported to your employer at the time it happens or when it is safe to do so. Medical care should be provided first and then a report filed. However, an employee has up to two years to file a claim. There are gray areas here and a personal injury lawyer should be involved to help you understand your rights.
If an employee is injured and receives payment – such as disability payments – they can reopen their case up to twelve years later from the date of their last disability payment. There are restrictions.
Worker’s Compensation injuries can be difficult. The employee, who is also the victim, has the burden of proving that they were hurt on the job. In some injuries, that is easier to prove. With mental injuries, and injuries that occur over an extended period the task of proving them can be difficult. A personal injury lawyer helps you understand the unique properties of your situation, injury, time frame, and how they apply to work-related laws.
Contact NGSW&B To Determine Your Rights To Workers’ Compensation
NGSW&B is a personal injury law firm in Minnesota that helps victims of work-related accidents find justice, care, and support. Our team has decades of experience and can help you determine the best next steps. Reach out to us and unlock your rights today.