Occupational Injury Law Center
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Will my accident be covered by workers’ compensation?

When a person is injured in the workplace, it could affect his or her ability to earn money in the future, and it will of course cause them a great deal of pain and distress, depending on the severity of the injury. Therefore, there are certain protections in place that are aimed at providing a safety net for injured workers. This is widely known as workers' compensation.

The following are some of the most frequently asked questions about workers' compensation.

What do workers' compensation payments cover?

All workers' compensation payments are intended to make amends with the suffering that a person has had to go through as a result of the duties that were expected of them when doing their job. These payments will include the replacement of any wages lost due to sick leave, any medical costs that incurred due to the injury and costs relating to retraining for a new career. There may also be damages paid out to victims of permanent injuries, or to those who have lost a family member due to a workplace injury.

Are there any incidents that workers' compensation does not cover?

Any injury that occurs as a result of a person responsibly carrying out his or her job is likely to be covered. However, if a person was acting recklessly, or was found to be under the influence of drugs or alcohol, he or she will likely not be covered for his or her injuries.

Can my employer prevent me from using workers' compensation?

This is illegal in most states: All employees have a right to file a claim for workers' compensation if they believe they are eligible. It is important to conduct research into whether you are eligible before making a claim.

Source: Findlaw, "Workers' Comp Benefits Explained," accessed Nov. 24, 2017

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