Types of Injuries That May Not Qualify For Workers’ Compensation Benefits

Most people relate workers’ compensation with injuries suffered in work-related accidents, such as when a person falls off a ladder and breaks their back. Although workers’ compensation settlements are usually provided for these types of events, benefits are also granted to employees hurt in less familiar ways.

Speak with a Virginia Beach workers’ comp lawyer if you have any questions about whether workers’ compensation covers your sickness or injury.    

Types of injuries that may not count for workers’ compensation benefits

  1. Pre-existing conditions

Most workers are unaware that they are eligible for the workers’ compensation claim for a pre-existing condition under certain requirements. Benefits can be granted if you have proof that your symptoms are becoming worse because of your current position and if your pre-existing injury has worsened. Since the aggravation is regarded as a new injury, workers’ compensation payments can be eligible. Although it is not required, the aggravating condition must be related to your job. The previous injury does not have to be bound to your field of work.  

You can get advice on your pre-existing condition and your eligibility for workers’ compensation benefits via a workers’ compensation attorney. Benefits could include lost wages, hospital expenses, prescription medications, and doctor visits. 

  1. Repetitive injury

Repeating the same motion repeatedly could give rise to a repetitive stress injury. These injuries generally require a long time to recover, and if left untreated, they can permanently damage tendons, muscles, or nerves. These types of injuries generally occur to the body’s moving parts, such as the elbows, hands, knees, and lower back. Carpal tunnel syndrome is the result of a repeated injury. 

There are some symptoms that you might experience due to repetitive injury since these conditions happen slowly. Among these symptoms are:

  • Loss of sensation
  • Tingling
  • Pain
  • Throbbing 
  • Muscle weakness
  1. Off-site injuries

Although nearly all work-related injuries do occur at the spot of employment, this is not necessarily the case. An employee can have an injury outside of their job and nevertheless be eligible for workers’ compensation benefits.

According to the Workers Compensation Act, an employee who suffers an injury “arising in the course of his job and related thereof” is supposed to be covered by the law. Additionally, it states that “any other injuries sustained” are covered “whether on the employer’s premises or elsewhere.”

A good example of this would be if a motorist who was distracted struck an employee when the employee was traveling to the post office to mail an item at the request of their employer. Despite not being on the property of the company when the injury took place, the employee in this case would have been acting in the context of their employment and, as such, must be entitled to workers’ compensation payments. 

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