What Injuries Are Covered And Which Are Not?

Covered Injuries

1. Any physical injury on the job. This can include exposure to dust or toxins, hearing loss, and repetitive motion injuries such as carpal tunnel syndrome.
2. Preexisting conditions that are exacerbated by the workplace or job duties. For example, if you develop a back injury from the job later on in life, that injury is eligible.
3. Injuries during breaks during work, lunch hours, or work-sponsored activities. For example, if a chair in the company cafeteria breaks while you’re sitting it in eating lunch, causing injury, it is eligible.
4. Injuries that results due to work-related stress or increased job duties. These can include mental conditions, such as those brought upon by constant harassment from a supervisor. However, be warned that mental illnesses caused by anything other than an initial physical injury are typically excluded in workers’ comp cases.

Injuries that are NOT covered include the following:

1. Self-inflicted injuries (e.g. fights)
2. Injuries during the committing of a serious crime
3.  Injuries suffered while not on the job
4. Injuries suffered when an employee was in violation of company policy
5. Injuries suffered while intoxicated or under the influence of illegal substances

Fessenden Laumer & Deangelo Attorneys are workers’ compensation lawyers serving Olean, NY; Wellsville, NY; Dunkirk, NY; Jamestown, NY; Fredonia, NY; and Warren, PA. If you think you may have a workers’ compensation case against your employer or former employer, call our office to schedule a consultation today.