Compensable Injury

Simply put, having a compensable injury means that you are eligible to receive benefits under the workers’ compensation program for your injury.

When the following two conditions are met, a work-related injury can be considered “compensable.”

• If the injury arises because of the work that you do: This suggests that there is some type of cause-effect relationship between the work that you do and the injury that you sustained. For example, if you were simply walking through your workplace and had a stroke, that is not compensable because the stroke had nothing to do with the work that you do, although there are some cases in which a stroke may be related. 
• The injury happened when you were performing your work duties on the job: This suggests that the injury took place while you were working and while you were at your place of employment. In other words, it occurred while you were “on the clock.” Injuries that take place away from your job, such as during a lunch break, are not compensable. Injuries that occur while you are at a lunch meeting in the office of a client may be compensable if attending the meeting was a required part of your job responsibilities.

If both of the above are true in your case, you may be able to seek compensation for the injuries that you sustained. 

It is difficult for the typical worker to know with any degree of certainty whether or not an injury will be considered compensable by their employer. This is especially important to keep in mind, given the possibility that the insurance provider for your company, as well as your employer, may minimize the severity of your injury. If the insurers can find a way to deny your claim, they will be able to save a significant amount of money.

Keep in mind that even a condition that was already present at the time of the accident might be compensable if something occurred at work that made it worse. In order to receive compensation, you may not need to establish who was at fault in the incident.

The intent of workers’ compensation law is that workers should be compensated. The entire premise of this arrangement is that employees will waive their legal rights in order to be assured of receiving coverage. 

Although insurance companies would rather not see it that way, the law is frequently on your side, and having legal representation can be of great assistance.