Every year, thousands of Americans suffer from accidents whilst at work. When these incidents take place, most companies have insurance policies that can help to cover the cost of compensation, medical treatment and so on, and this is why the government has made it an obligation for businesses to take our policies that cover their employees, just in case the worst should happen. But with so many loopholes and unique stipulations relating to workplace injuries, many employees find themselves unsure if they can make a claim and in this article, we’ll be exploring a few factors to help to simplify the decision.
What Constitutes an Accident?
An accident at work is considered an event that was unavoidable and resulted in personal injury or harm to a victim (or more than one victim). This could mean falling from a step ladder, right through to being hit by a forklift truck and many more scenarios in between. Each year, countless employees are checked into hospitals because of accidents at work, and although most can be relatively easy to deal with, there are some cases that are far more severe. Hiring the best personal injury lawyer NYC has available can help to get the ball rolling regarding compensation, but just who is eligible to make a claim?
What is Considered a Personal Injury at Work?
If an employee trips on their own foot and then stubs their toe, leaving them unable to walk properly for a few minutes, they won’t likely be able to submit a claim for compensation. If on the other hand, the reason for their trip was a wire that wasn’t secured correctly, resulting in an injury that left them suffering for longer than a stubbed toe however, then they could be eligible. Most courts will consider cases whereby an individual has been left unable to work as a result of their injuries. Therefore, a stubbed toe won’t likely be considered a claimable incident.
There are several factors that contribute to the likelihood of a claim being made, and these include:
- Being unable to work
- Physical suffering
- Documented injuries (I.e. from a visit to a medical facility)
- Emotional distress
- Other specific factors
As a result, a minor injury such as a stubbed toe, a paper-cut, a bruise from walking into an open door, or similarly minor events aren’t often considered serious enough to pursue a claim over. On the other side of the coin, if these incidents worsen over time, result in infection, and force the employee to suffer whilst at work, or have to take time off, they can be claimed for in most states, particularly New York.
