Workers’ compensation is a type of personal injury law that applies only to workplace injuries and illnesses. It is unlike regular personal injury law in that the injured person does not have to prove that someone else was at fault in causing the injury. All the injured person has to prove is that he or she was injured by an accident while they were doing their job. The accident could have been the employer’s fault, or the worker’s fault, or no one’s fault. As long as an injury arises within the “course and scope” of the injured worker’s job, then it’s covered.
Two Important Exceptions to the Accident Rule
There are a lot of exceptions in law. Here are two of the most important in workers’ compensation: If you hurt your back at work or you developed a hernia at work, then you do not have to show it was the result of an accident. Generally speaking, you just have to be able to point to a specific time while you were working that the back pain or hernia started. So, if you have filed a workers’ comp claim for a back injury or hernia and the insurance company has denied your case because they claim it was not the result of an accident, you might want to fight that denial.
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