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What Types of Injuries Does Workers’ Compensation Cover?

| Jan 4, 2019 | Workers' Comp, Workplace Injuries |

Workers in California who suffer serious injuries while performing their job related duties are entitled to file a claim for worker’s compensation benefits. Employers in the state are required to carry workers’ compensation coverage for their employees. If the employee’s injury claim is successful, they can be awarded financial benefits to cover their damages. Although workers are entitled to benefits, not all injuries are covered under workers’ compensation law.

Employee Injuries

Employees of the company are the only ones covered by workers’ compensation insurance. However, only certain employees are eligible to collect benefits. For example, independent contractors usually aren’t covered by workers’ compensation claims.

Accidental Injuries

Accidental injuries are those that occur “by chance or without design, taking place unexpectedly or unintentionally.” Accidental injuries include those caused by the willful or negligent actions of another person, as well as diseases and injuries that occur naturally from a work-related injury.

Occupational Diseases

Occupational diseases are caused by the employee’s working conditions and not an accident. To be eligible for workers’ compensation benefits, the disease must be directly linked to the employee’s exposure at work.

Examples of occupational diseases include:

  • Mesothelioma
  • Black Lung Disease
  • Chemical Exposure Illnesses

Injuries Caused by Employment

Injuries that develop due to an employee’s work conditions or job responsibilities are covered by workers’ compensation. A timeline of how the condition developed and the specific job duties of the employee will be taken into account to decide if a case is eligible for benefits.

Speak to a Workers’ Compensation Lawyer Today

Have you suffered a job-related injury? Do you need help pursuing workers’ compensation benefits? At the Law Offices of Andrew B. Shin, we are committed to defending the rights of workers across Northern California, and we are here to guide you through each step of the legal process. Let us review your case today to determine if you are eligible for workers’ comp benefits. Schedule your appointment with a legal professional today.

Call (408) 709-7317 to set up your free consultation with a San Jose workers’ compensation lawyer.