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Types of Injuries or Illnesses Not Covered by Workers Compensation Insurance (Part 2)

By Edited Feb 10, 2014 0 0

The first article (Types of Injuries or Illnesses Not Covered by Workers Compensation Insurance - Part 1) mentioned that workers' compensation insurance covers illnesses or injuries that were acquired while you are doing work-related duties. You may be able to receive benefits if you were able to show that you would have been spared from illnesses or injuries if you were not fulfilling your duties as an employee.

For example, you were tasked by your employer to carry heavy heavy equipment, which fell on your foot while you are taking it out of the storage room. You may be entitled to receive financial support from him because you would have been uninjured if you were not carrying such equipment.

As stated in the previous article, there are kinds of illnesses or injuries that are not covered by workers' compensation insurance. You can sue your employer or other responsible parties if you are suffering from:

  • Injuries caused by a third party- There are instances when an employee sustains an injury while at the workplace, but liability in the accident is attached to a third party.

For example, you are required to drive a company car, which will be sold to a certain client. While you are on the roads, you were suddenly hit by a driver who failed to stop at a red light. You can sue the driver and recover monetary damages from him because the accident occurred as a result of his negligence.

  • Intentional injuries that were inflicted by the employer- In many states, an employee who was hurt by his employer on purpose can file a case against the latter in order to recover damages.

For example, you and your employer were involved in a heated argument because of deadline issues. Because he was angry at you, he pushed you while you were at the top of the stairs. As a result, you fell from it and suffered from a hip injury. In this case, you may file a case against him because his actions were intended to hurt you.

If you were injured at the workplace, you will need to determine if your condition is covered by worker's compensation insurance. If it is, you will be entitled to receive benefits from your employer. Receiving this monetary assistance will mean that you are giving up your right to sue him.

In order to know if you are entitled to receive benefits from this insurance, it is advisable that you contact a Los Angeles labor attorney. If your medical condition is not covered by it, your attorney will help you take legal action against your employer or other at fault parties so that you will have a bigger chance of being compensated.



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