Workers’ compensation is a program designed to allow employees injured on the job to recoup compensation for medical expenses and lost wages. While these benefits can be extremely valuable to employees and their families, they are not always easy to obtain.
There are a number of factors that could result in the denial of a workers’ compensation claim – including filing the wrong type of claim. In today’s post, we examine the five main categories of workers’ compensation claims, to help you determine which one is appropriate for your case.
1. Traumatic
This is a sudden personal injury that occurs while an employee is at work. In this scenario, the employee feels healthy and well prior to arriving at work, and there is a traumatic event at work that causes an injury – which may immediately prevent the employee from continuing to work.
2. Occupational disease
This is a condition that develops over time – longer than one workday or shift. The condition or disease is the result of the work activity or environment, such as a disease or a repeated stress injury. With this type of case, the employee will need to get a doctor’s report detailing the diagnosis and job-related cause of the condition.
3. Recurrence
This occurs when a prior injury, disability or other medical condition spontaneously returns or becomes more severe. In such cases, the recurrence does not have an intervening cause. A medical consult is necessary in such cases to prove that the condition has worsened.
4. Consequential
This refers to a situation where an employee’s existing work-related injury leads to impairment or weakness, which then causes a new injury. For instance, if an employee sustains a knee injury at work, and this causes them to limp, this may result in a consequential lower back injury.
5. Intervening
This is an injury that occurs outside of work, after the original event that caused the workers’ compensation claim. It refers to an employee re-injuring the same part of the body where they originally sustained a work-related injury.
Workers’ compensation is a valuable benefit for employees who sustain a work-related injury and are unable to work. However, the claims process is complex, so working with an experienced workers’ compensation attorney to navigate the process is often worthwhile.
We’re thrilled to serve clients in Rochester, Austin, Owatonna, and Winona.