If you’re in construction or some other kind of physically demanding job, you’ve probably been injured, and if not, you’re likely aware that it is inevitable. Thankfully there are things like workers comp to act as a financial safety net for when that happens. However, not all injuries are created equal, so it can be tricky to figure out which injuries are actually covered by your worker’s comp. So, if you’ve been injured, and wish to contact your construction accident law firm, here is a quick recap of all of the injuries that are protected by worker’s comp.
Physical trauma
The most common type of injury protected under worker’s comp is physical trauma. For example, if you’re working on a scaffolding, and you end up falling off and breaking your leg. That counts as physical trauma. These kinds of injuries are obviously protected under worker’s comp because physical injury gets in the way of work, and can be very expensive to treat, so best to just compensate the worker to get them back on their feet and back to work.
The second type of physical injury is known as “cumulative trauma,” which refers to an injury formed over time. This can refer to anything from a bad back to carpal tunnel syndrome. The third and final type of physical trauma is occupational, which refers to any injury taken as a direct result of the job you do, such as a construction worker getting lung cancer from asbestos.
Mental trauma
Mental illness caused by the workplace is a complicated matter. Mostly because, unlike physical trauma, not all mental trauma is covered by all states. For example, most states do not cover things like depression, anxiety, or high stress, unless they directly correlate with a physically traumatic event. For example, if a nurse in a mental hospital develops depression from the morbid nature of her job, she will not be compensated. However, if she instead develops intense anxiety after being attacked by a loose patient, she would be entitled to worker’s comp, both for the physical and mental trauma the event may have caused.
Worker’s comp can be simple, or it can be a minefield, it all depends on the injury and the context surrounding it. If it’s physical received on the job, then it’s typically pretty open shut, but mental illness makes the line just a bit more blurry. Make sure you have your facts straight when you go in seeking compensation, as to not cause further confusion. If you need help with your case, the attorneys at Hecht Kleeger & Damashek, P.C. are here to help.
