HomeLAWInstances Where A Worker Can File Workers' Compensation Claim

Instances Where A Worker Can File Workers’ Compensation Claim

Compensation Claim Damages and injuries can disrupt one’s life. Injuries can occur anywhere, and workplace injuries are no news. Many workers or employees face injuries at work due to management’s or employer’s negligence. It would be in the worker’s best interests to contact an injured at work attorney in Virginia for legal guidance and assistance during the claim.

Besides hiring a lawyer for compensation, many workers and employers do not know the eligibility criteria for filing workers’ compensation. There are certain instances when a worker will be able to file for workers’ compensation. Awareness of these instances will give the worker a better understanding and a chance to file claims related to their injury.

When can a worker file for workers’ compensation?

The basic premise behind filing a claim for workers’ compensation is relatively simple. If you are a worker or an employee and you encounter an injury on your duty or within the scope of your employment, you will be able to file for workers’ compensation. As a result, workers can apply for workers’ compensation when they face an injury.

A worker will be eligible for compensation if they experience occupational sicknesses, diseases, or illnesses caused by being exposed to harmful or toxic chemicals or other dangers while on the line of duty. The worker will likely not be required to prove fault as long the injury occurred at the workplace.

However, a worker must account for the factors mentioned below to file for a worker’s claim:

  • The worker must have an active workers’ compensation policy
  • An injured worker is an eligible employee for the business or the organization
  • The employee became injured or ill due to the workplace environment

What type of damages or injuries workers’ compensation does not cover?

Now that you know the basic premise of workers’ compensation, it would be helpful to learn which elements are not covered in the workers’ claim would be beneficial.

  1. Injuries caused due to horseplay or fighting in the workplace
  2. Injuries occurring while commuting to or from the workplace
  3. psychiatric injuries, anxiety, or stress
  4. Self-inflicted injuries
  5. Injuries were encountered while committing a crime, violating company policies, or under the influence of drugs or alcohol.

As a result, the scenarios mentioned above will not be covered by the workers’ compensation. Although, an employee or worker must report their injuries to their superiors as soon as possible. Neglecting or ignoring the injury by thinking it’s minor will decrease the chances of a successful claim. A worker can also contact an attorney in Virginia if they need assistance while filing for a worker’s claim.

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