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Types of Injuries and Illnesses Not Covered by Workers Compensation Insurance (Part 1)

By Edited Feb 10, 2014 0 0

If you acquired an illness or sustained an injury in your workplace, you can receive monetary assistance from your employer through the workers' compensation insurance. It will enable you to sustain your medical and daily needs while you are still unable to work due to your condition.

This insurance covers most types of injuries and illnesses. You will likely be entitled to receive benefits as long as your employer is covered by it and your medical condition is caused by a work-related duty. For example, you were injured after you slipped while mopping the floor. In this case, you may receive financial assistance from your employer because the accident occurred while you are fulfilling your duties as an employee of the company.

However, not all types of illnesses or injuries are covered by workers' compensation. This means you can still sue your employer or other responsible parties, though you were hurt while doing your job duties.

Here are the types of illnesses or injuries that are not covered by this insurance:

  • Injuries caused by defective products- You can take legal action against a product manufacturer or its designer if you sustained injuries due to a defective equipment or machine. One or both of these parties may be held liable in the accident if they knew that the product is "inherently dangerous" or if they failed to warn the consumers regarding such danger.
  • Illnesses or injuries caused by toxic substances- If you are working in a construction site or a factory, you may be exposed to chemicals or other kinds of substances which can cause serious illnesses or injuries.

Examples of substances which can be harmful to a person's body include the following:

  • Benzene
  • Asbestos
  • Silica
  • Chromium compounds
  • Radium

Toxic injuries will likely be classified under latent or acute. Latent illnesses or injuries like lung diseases or cancers may only appear years after you were exposed to a dangerous substance while acute illnesses or injuries like poisonings or chemical burns may be immediately seen after your exposure to it.

Many employees have been able to win their case after were exposed to a dangerous substance. Those who are suffering from mesothelioma or asbestosis have a higher chance of being compensated by their employer because exposure to these substances has been proven to be the cause of illnesses or injuries in many cases.

If you were sickened or injured by a dangerous substance or condition in your workplace, it is advisable that you consult a Los Angeles labor attorney right away. Acquiring legal help is important, especially if you only became aware of your condition months or years after you were exposed to such substance.



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