How to Protect Your Rights

If you have been injured while at work or on the job, the best way to protect your rights is to contact an experienced workers' compensation or personal injury lawyer. A lawyer will be able to help file a workers' compensation claim. A lawyer will also be able to determine if you should file a lawsuit in addition to or instead of a workers' compensation claim.

Additionally, a lawyer will be able to determine other types of compensation to which you may be entitled. For example, if someone other than your employer or a co-worker was at least partly to blame for your injury, you may be able to file a liability insurance claim against that person or business.

If your accident isn't covered by the workers' compensation system (for example, if your employer doesn't have workers' compensation insurance or if you are an independent contractor), a lawyer will be able to help you determine people or businesses against whom you may be able to file a lawsuit. This type of lawsuit would be covered under the laws of personal injuries. Under personal injury law, you may be able to receive compensation for expenses that wouldn't be covered under the workers' compensation system, such as attorney's fees as well as pain and suffering.

Categories of Injuries Covered by Workers' Compensation

You may be eligible for workers' compensation benefits for a work-related injury that fits into one of the categories below:

Pre-existing Conditions - These types of injuries are unrelated injuries that you already had, which are aggravated or exacerbated by your workplace. One example is a back injury, even if you don't notice the pain caused by the injury until later.

Injuries on-the-job - This category includes injuries caused by your company's facilities (such as a chair in the company break room). Injuries during work time also include those that occur during coffee breaks, on your lunch break, and during work-sponsored activities (for example, a company picnic).

Exposure to Toxins - This class includes injuries that results from exposure to toxins in chemicals from normal working conditions. An example of this type of injury is lung cancer, if you can show that it was caused by exposure to those on-the-job toxins.

Physical and Mental Strain - This category includes physical and mental strain that is a result of increased work duties or work-related stress. In some states, a disabling mental condition that is a direct result of work demands or constant harassment from a supervisor may also be included in this category.

However, there are some injuries that aren't covered by workers' compensation. The injuries that aren't covered may vary from state to state. In some states, an employee can be compensated for an injury that he or she received while joking around at work. In some states, an employee would not be eligible for compensation for such an injury. Many states will not compensate an employee who is intoxicated when he or she is injured. Some states also bar employees who intentionally injury themselves from receiving compensation.

Additionally, an employee generally won't be compensated for injuries received while traveling to or from work. However, there are exceptions under which an employee will be eligible for compensation for work-related travel injuries. These exceptions include: when the employer has agreed to provide transportation for the employee, when the employer pays the employee's costs for commuting, or if traveling is required as a part of the employee's job.