Sometimes a worker who has been injured will not file a workers’ compensation claim because they think that they do not qualify. Fortunately, workers’ compensation covers a larger variety of situations and injuries than people have been led to believe. To clear up misconceptions and expand on a few topics, Mitch Grissim and Associates of Nashville, Tennessee are offering the advice from a workers’ compensation lawyer point-of-view to give you a better idea of what types of injuries are covered by the system.
They Are “Work-Related”
This may seem obvious, but the exact definition of a “work-related” injury varies from state to state and with each individual case. Some examples of this, such as car accidents for delivery drivers, are pretty obvious. For example, some players on company sponsored sports teams have been able to qualify for workers’ compensation upon receiving an injury during a game. It is important to know your rights when an injury occurs outside of company property.
Many injuries can be, and indeed have been, extensively connected to the demands a job places on workers. Known as occupational illnesses, these are problems that a high percentage of workers have been subjected to and are often easier to prove and compensate for. Other injuries, such as repetitive motion injuries, can be explicitly tied to the way a worker performs a job and therefore also qualify for compensation.
Fault Isn’t a Factor (Most of the Time)
Workers’ compensation was created to replace the old standard of suing an employer for damages. This is because proving an employer to be at fault can be difficult and costly. As such, it usually doesn’t matter who was at fault when a worker is injured, and they can still file a claim.
Notable exceptions include instances where a worker is denied compensation because the court has deemed that their behavior was exclusively responsible for their injury, and even then this is not always the case. On the other hand, a worker may be entitled to more compensation or a lawsuit if the employer is guilty of negligence or willful misconduct, but this brings back the burden of proof and can be difficult to win.
Pain and Suffering
Damage doesn’t have to be physical to negatively impact your life. High stress jobs and traumatic accidents can create a host of mental problems that may actually be covered by workers’ compensation. As the field of mental health advances, our definitions of disability and injury change. This is why it is especially important to seek counsel if your suffering is not physical. Many may brush mental conditions under the rug, but this can be costly both financially and to your quality of life.
They Affect Your Loved Ones
People often wonder how their loved ones will survive once they pass. Although it is a sad reality that workers can die on the job, workers’ compensation will pay damages to your next of kin in the event that you do not survive your injury. The nature of the death or how it is handled afterward may also entitle the family to a lawsuit, and legal counsel is crucial for exploring these options.
Contact a Workers’ Compensation Lawyer
If you’ve been hurt on the job in Nashville, you have options. The workers’ compensation lawyers at Mitch Grissim & Associates will make sure that you get the money you’re entitled to, so you can get your life back on track. Call us or fill out our form today for a free consultation.