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What Does Workers’ Comp Cover?

  Workers’ compensation is an amazing monetary recovery system that provides monies to employees who get hurt while they perform their duties. The injuries that the employees suffer could be instantaneous physical injuries or long-term occupational injuries, such as carpal tunnel syndrome, that develop over time. Sicknesses like emphysema and emotional disturbances may also warrant a benefit payment. The main element that establishes the validity of a case is that the worker received the damage when he or she was at work. In some cases, workers can receive assistance when they are away from the job site, but performing a duty that pertains to the job.

When Does an Incident Have to Do With Work?

Most incidents that occur during the course of one’s shift are eligible for benefits. As long as the damage surrounds the person’s work tasks, then that person will be eligible for help. Legal entities have altered the meaning of the term “working” over the years. For example, some people have received benefits for injuries that they suffered while they were playing sports for a team with which the employer was affiliated. A special case changed the realm of eligibility conditions for the benefits in the beginning of the 90s. The judge awarded benefits to a person who developed a beer dependence. He worked for a beer manufacturer that offered him and other employees free drinks throughout the shift. The worker developed a condition in which he consumed up to 20 alcoholic beverages every day at work and continued to drink when he got to his house. The courts have not accepted every single claim that has hit their courtrooms, however. A Westside judge rejected a claim by a lawyer who toppled off his bicycle when he was on the way to a judicial meeting. He felt he should be covered because he got hurt while he was thinking about his job. The courts rejected the claim because it needed to set limitations. Getting hurt while simply thinking about work does not constitute a work injury. If that were the case, workers’ compensation would be awarded to every person who wakes up in the middle of the night thinking about the job.

 What if the Employee Played a Part in the Accident?

In most cases, partial fault does not prevent the employee from receiving benefits. There are a few exceptions to that rule, however. First, intoxication can cause the employee to be rejected, especially if the intoxication caused the accident. Secondly, misconduct can knock an employee out of the qualification bracket. Thirdly, the benefit will not cover injuries that an employee intentionally brings forth on himself or herself. In other words, fights, horseplay, schemes, and drunkenness will not be rewarded.

Do Injuries That Involve Stress Matter?

Judges are gradually awarding benefits to employees who suffer stress-related damages and endure harsh work conditions that affect the psyche. An employee has a good chance of obtaining approval for one of these injuries today.

Do Repeat Movements Count?

Injuries that come from repeated movements do count. In fact, millions of the work-related damages come from repetitive motions. Repetitive movement injuries have different names such as cumulative trauma disorders and repeated motion injuries, but they all mean the same thing. Many people do qualify for compensation for these injuries.

 What About Workers’ Compensation Deaths?

Compensation funds cover the kids and husband or wife of a person who passes away at work. Most on-the-job deaths are approved.

 When Is an Illness Occupational?

The term occupational illness refers to an illness that occurs because of the nature of the person’s job. A highly recognizable illness that falls under this category is emphysema.




  • Everyone has slipped and fallen at some point – it’s just a fact of life. Sometimes, it happens because of mere distraction or lack of attention. But other times, it’s due to negligence of others. Contact Boyko & Associates to find out how you can get compensated for your injury.



  • Everyone has slipped and fallen at some point – it’s just a fact of life. Sometimes, it happens because of mere distraction or lack of attention. But other times, it’s due to negligence of others. Contact Boyko & Associates to find out how you can get compensated for your injury.
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BOYKO & ASSOCIATES
2021 Nostrand Ave
Brookyn NY 11210

Tel.: (917)-687-6829
Fax.: (718)-434-8953
alex.debar@boyko-law.com
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