1. What is workers’ compensation?
Workers’ compensation is a “no fault” insurance program that provides the following benefits to employees who suffer job-related injuries or illnesses.
- Permanent Total Benefits
- Permanent Partial Benefits
- Temporary Total Benefits
- Medical Benefits
It also provides death benefits to dependents of workers who have died as a result of their employment.
An injured employee will receive benefits regardless of who was at fault. In exchange for these benefits, the worker cannot bring a civil action against the employer for pain and suffering or other damages, except in cases of intentional acts.
2. What type of work-related injuries qualify for workers’ comp benefits?
- Psychological injuries, including posttraumatic stress disorder (PTSD), depression and anxiety
- Repetitive stress injuries, including back strain, rotator cuff impingement syndrome and carpal tunnel syndrome
- Spinal cord, neck, and back injuries that result in loss of function, chronic pain or paraplegia, quadriplegia or some other form of paralysis; back sprains, back pains, lumbar sprains, cervical sprains
- Temporary brain injury or permanent brain damage resulting from traumatic brain injury (TBI)
- Cancer caused by toxic exposure and/or occupational disease, including, but not limited to, lung, colon, throat and stomach cancer, leukemia and mesothelioma
- Injuries that cause permanent partial loss of use of your hand, arm, fingers, leg(s), foot/feet, toe(s), eyes or ear(s) (hearing loss/deaf); scar(s)/scarring, broken bones, hard tissue
- Heart conditions, including pulmonary embolisms, hypertension, heart attacks caused by stress; occupational stress-related injuries, internal injuries
- Respiratory or lung problems, breathing problems and asthma resulting from exposure to toxic chemicals and asbestos
- Herniated lumbar disc, cervical disc, knee injury, shoulder injury, or other occupational orthopedic or soft tissue injury, torn rotator cuff.
3. Can I recover worker’s comp benefits if I aggravate or exacerbate a preexisting injury?
Yes, if you aggravate or exacerbate a preexisting injury or condition that prevents you from working, the entire disability is considered work-related. It is important to note that although the preexisting injury does not have to be job-related, the aggravation or exacerbation of the injury does in order for you to receive workers' compensation benefits.
4. What are some examples of toxic chemicals that could cause lung and/or inhalation-type injuries?
- Asbestos
- Mold
- Smoke
- Lead
- Mercury
- Ammonia
- Gasoline
- Diesel fuel
- Oils
- Hydrogen peroxide
- Formaldehyde
5. What are some examples of repetitive stress injuries?
- Carpal tunnel syndrome
- Posttraumatic stress disorder (P.T.S.)
- Herniated disc
- Degenerative disc disease
- Chronic back pain, lower lumbar pain
- Tendonitis
- Bursitis
- Rotator cuff impingement syndrome
- Cysts
