In general, there are two requirements for an employee who is injured on the job to qualify for workers’ compensation: (1) the employee must be in an accident; and (2) the injury must arise out of and in the course of employment.
As a general rule, employees must sustain an accidental injury to give rise to a claim under Workers’ Compensation laws. The term “accident” has been interpreted as meaning an “unforeseen and adverse event that the injured employee did not expect or design.” For example, accident injuries often arise in the context of construction. An employee who falls from a ladder or trips into a hole could likely claim any injuries resulting from that accident under the Workers’ Compensation statute. You could also claim a welder who is injured by an equipment malfunction or a supermarket worker who slips on a wet floor. Satisfying the accident injury standard does not automatically result in a valid claim. However, it is an essential element. On the other hand, an employee who claims a workplace injury but is unable to reproduce any details about when, where, and how the accident occurred will have an uphill battle to file the claim.
Furthermore, this claim cannot arise based on something that occurs in the normal course of an employee’s work. For example, if an employee normally lifts boxes and loads them onto a truck, an unforeseen knee injury resulting from that lifting probably won’t qualify as an accidental injury.
As an exception to the accidental injury standard, back injuries only require a “specified traumatic incident.” The main distinction between the two is that the specific traumatic incident may occur within the normal job duties of the employee. The unusual and unexpected aspect of the injury is not required here, but it does have to be specific. Returning to the previous hypothesis, if an employee lifts boxes onto the bed of a truck every day as part of his normal routine and one day insults his back while lifting them, that claim is likely to be presented as a traumatic incident. specific. The employee’s injury occurred during a specific instance at work.
It is often frustrating for claimants that the types of injuries covered by the specific traumatic injury standard are so limited. Each case is very specific. If you feel you have been injured on the job, you should consult a workers’ compensation attorney in your area for an objective evaluation of your case.