Workers compensation provides benefits for employees who become injured, ill or die from an incident related to their employment. Despite common misconception, an injury does not need to be the result of a sudden accident to be covered. Claims for repeated motions, such as carpel tunnel syndrome or a back injury, or illnesses, such as emphysema or mesothelioma due to asbestos exposure, are also covered. Typically, any injury that happens in a workplace environment, constitutes a workmens comp claim, but there are a few exceptions. A free consultation with a Clements, Taylor, Butkovich & Cohen, L.P.A., Co. workmens comp lawyer can best explain your rights and whether or not you have grounds for a claim. Our attorneys have specialized in workers compensation in the Cincinnati area since 1988.
Expanding Definitions Under the Law
Recently, the legal definition for a work related injury has expanded in many states. Even employees injured in a sport during a company picnic can be covered by workers compensation. Workers comp is usually a no fault system and even covers instances that were the result of an employee’s carelessness or negligence. The exception is when the injury was a result of an employee’s drug or alcohol use, or an injury that resulted from horseplay.
Call Clements, Taylor, Butkovich & Cohen, L.P.A., Co. today for a free consultation with a lawyer who specializes in workers compensation. Our workmens comp attorneys bring decades of experience to your side and often accept cases on a contingency basis.
Is Depression Covered Under Workers Compensation Law?
When it comes to worker’s compensation claims, most people picture a physical injury caused on the job. But worker’s comp covers more than just physical injuries. If you developed a work-related depression or mental illness, then it may be covered under worker’s comp. Mental illness is just as serious and debilitating as a physical injury. However, it can be more difficult to prove when compared to a physical job injury. You’ll likely need to document your illness and seek treatment with a behavioral health specialist as proof of your disability. When it comes to mental health claims, it’s even more important to have an experienced workmens comp lawyer on your side.
Evening the Playing Field with a Worker’s Comp Attorney Who Fights for You
If your employer is contesting your worker’s compensation claim, they are likely working with professional lawyers who have formidable resources. You need to even the odds with legal representation that will fight for your rights. Your worker’s comp attorney understands the law and can advocate your case to ensure you get everything you are entitled to. He or she can help you prepare the best case so that no stone is unturned and nothing is lost to missed deadlines or legal loopholes. And since your case will most likely be taken on a contingency basis, you can pay the legal fees with a small percentage of your settlement. Professional legal help is available and affordable.
What If I Was Injured Outside of Work?
Some workers wonder if they can still be covered by worker’s compensation if they were injured outside of their workplace. In general, if you were performing work-related duties then your injury would fall under workman’s comp. This also applies to “remote” workers, or employees that work from home. In short, if you’ve been injured while on your employer’s time, then you’re likely eligible to be reimbursed for medical expenses and potentially compensated for your suffering – no matter where you were at the time. However, because work injury laws vary by State, you should consult with an attorney for guidance.
Can a Workmens Comp Lawyer Help Sue My Employer?
Unfortunately, workers compensation law prohibits employees from taking legal action against their employers. However, there are a few instances where a lawsuit may be possible. If your employer intentionally injured you, then you may be able to seek legal action. Workers that were injured by a toxic chemical or by a third-party product may be able to sue as well. Because every claim is unique, it’s encouraged that you attend a free consultation with an attorney before filing your claim. A work injury attorney can help you strengthen your claim which will increase your chances of approval.