What Types of Workers’ Compensation Injuries Qualify for a Claim?

Multiple types of workers’ compensation injuries qualify for a claim if it has a direct connection with your work activities. The injury also had to have caused significant enough damage to hinder further work.

According to the Bureau of Labor Statistics, 2.6 million workplace injuries and illnesses occurred in 2023. Compared to 2022, workers’ compensation injuries decreased by 8.4% with about 5,486 fatal work injuries.

If you’ve been injured while working, seek a workers’ comp attorney to help you with your claim. Each state has various statutes of limitations for workers comp law, thus, understanding the legal matters can help you when filing a workers’ comp claim.

What Makes Injuries Covered By Workers’ Compensation?

Injuries covered by workers’ comp apply when a person is injured during their scope of employment. You must establish a connection between your injury and work to qualify for workers comp.

It may seem simple, but if your medical condition was caused by occupational hazards built over time while working, further evidence may be required.

Depending on their profession, an employee can suffer different types of injuries whether it’s slips and falls, toxic exposures, burns, etc.

Some types of injuries that qualify for a workers’ comp claim are not limited to fractures, burns, occupational illnesses, internal injuries, and other bodily injuries. Workers’ comp injuries qualify if an employee was injured or sustained an illness while working.

The connection between your injuries and job-related duties may depend on the type of injury and your career. You must report your work injury as soon as possible because delaying it may limit or revoke your workers’ comp benefits.

What Injuries Qualify for Workers’ Compensation?

The types of injuries that qualify for workers’ compensation may not be limited to bodily injuries and psychological damages. For instance, overexertion of the body, contact with objects and equipment, slips and falls, or unsafe work environments are leading causes of work injuries.

According to the Occupational Safety and Health Administration (OSHA), the top 10 most frequently violated work standards in 2022 are:

1. Fall protection
2. Hazard communication
3. Ladders
4. Respiratory protection 
5. Scaffolding
6. Control of hazardous energy 
7. Powered industrial trucks
8. Fall protection training in construction
9. Eye and face protection
10. Machinery and machine guarding

Due to all these OSHA standard violations, a lot of employees suffer severe bodily and psychological injuries. Below are some examples of injuries qualifying for workers’ comp.

Overexertion of the Body

Certain types of jobs require you to push your body to extremes that may cause severe injury over time. The construction industry reports workers’ compensation injuries at a higher frequency than other professions due to overexertion of the body.

Some symptoms of overexertion include pain and inflammation, shortness of breath, fast heart rate, muscle fatigue, weakness, stiffness, or persistent soreness.

Professions that may have a higher risk of reporting workers’ compensation injury claims due to overexertion include:

• Construction
• Factory workers
• Truck drivers
• Firefighters
• Mining and forestry
• Fishing and agriculture
• Nursing assistants

Other jobs that may not be as dangerous can still file a workers’ compensation claim if you prove overexertion.

Even if you work a desk job, but frequent exposure to bright lights causes you to damage your retina, you may qualify for a workers’ comp claim.

The best way to confirm if you qualify for a workers’ comp claim is by talking to an attorney about your case.

Contact With Objects and Equipment

One of the most severe workplace injuries involve jobs that handle machinery or equipment that can be lethal to the employee.

OSHA provides standards for keeping a work environment safe, but employers may negligently avoid such standards and create an unsafe work environment.

One of the highest reported workers’ compensation claims from industrial workers comes from exposure to dangerous equipment. The loud and frequent noises coming from industrial machinery causes certain workers to experience hearing issues, even developing tinnitus from the noise.

If you prove that interacting with job equipment caused your workers’ compensation injury, you may qualify for a claim. Because workers’ compensation insurance works under a no-fault system, even if you were partially at-fault, you may still qualify.

Slip and Falls

According to the National Safety Council (NSC), around 865 employees died in falls, and thousands suffered injuries severe enough for them to take time off. A person doesn’t have to fall from a high place to suffer fatal injuries.

Other jobs that seem safe such as office jobs, restaurants, or small businesses are not immune to slips and falls.

OSHA reported in 2022 that falls ranked first for standards violated in the workplace. Employers have a responsibility to maintain a workplace safe from falls. A lack of maintenance and improper signage that causes injury may qualify for workers’ comp.

Falls can be prevented with the proper training and gear provided. Whether a person works on the roof or using a ladder, an employer should know how to mitigate risk to prevent work injuries.

Unsafe Work Environments

Millions of Americans work in high-risk jobs whose unsafe work environments are intrinsic to their role. Some examples include:

• Logging workers—jobs dealing with towering trees and heavy machinery.
• Electrical power-line installers and repairers—a high-risk job working with electrical utility poles and high towers while facing harsh weather conditions.
• Aircraft pilots or flight engineers—may face dangers in operating aircraft such as equipment failure, bad weather, or extreme noises.
• Trash and recycling collectors—maneuvering large trucks while exposed to hazardous objects to maintain public health and sanitation.
• Agricultural workers—exposed to hazardous materials like pesticides and working with heavy machinery.

Even if the injury comes with the job, that doesn’t mean your employer shouldn’t compensate you when you get hurt.

Keeping a workplace accident-free is extremely important, and OSHA has standards for work environments that employers must follow. If your employer failed to follow OSHA standards, which then caused your workers’ compensation injury, you may file a complaint.

What Injuries Are Not Covered By Workers’ Compensation?

Although most injuries qualify for workers’ comp, there are some exceptions where employees are not covered, such as:

• Horseplay in the workplace
• Accidents under the influence of drugs or alcohol
• Independent contractors aren’t part-time or full-time workers, so they aren’t covered by workers’ comp
• Violating company policies doesn’t qualify
• Injuries caused intentionally are not covered
• Employees doing illegal activity do not benefit from workers’ comp
• Some psychological conditions are not covered (stress, anxiety, etc)
• In some states, injuries from repetitive motions are not covered

Depending on your state, your workers’ comp benefits may not apply to any of the above. You should speak with a workers’ comp attorney to see whether your injuries qualify for a claim.

What Types of Compensation May Be Awarded After an Injury?

If your workers’ compensation injury claim was approved, you may be entitled to the following types of compensation:

• Medical treatment—this is to cover your medical expenses due to your workers’ compensation injuries, such as surgery, rehabilitation, or transportation.
• Lost wages—for the time-off work you had to take while recovering from your workers’ compensation injuries.
• Temporary disability benefits—when you cannot work for more than three days or are hospitalized overnight, disability benefits can mitigate costs while you heal. Oftentimes temporary disability benefits are two-thirds your gross wages.
• Permanent disability benefits—when your workers’ compensation injury prevents you from working the same capacity permanently, you may qualify for permanent benefits.
• Death benefits—if you suffered a fatal work injury, your loved ones may receive compensation to mitigate the financial loss they sustained from your passing. Burial fees, cemetery costs, and even lost wages may be available.

Find a Workers’ Comp Attorney While Healing From Your Injuries

LegalASAP can help you find a workers’ comp attorney while your injuries are healing. You have the right to seek compensation, and having an experienced workers’ comp attorney can help you fight for your rights.

We have connections from 500+ law firms across the United States and can help you find an attorney near you.

Start by filling out our evaluation form to see if you qualify for a workers’ comp claim. You may contact us at 888-927-3080 and we’ll try to answer your questions or concerns.