When you are hurt at work, you might wonder: Is this injury covered and can I get compensation? If you are asking that question, it might be time to talk to a workers’ compensation attorney.

A highly qualified workers’ compensation attorney can answer all your questions – including if there are injuries that wouldn’t qualify a worker for benefits. 

Under Ohio Law, the Ohio Bureau of Workers’ Compensation does not cover every injury that occurs at work, and there are specific injuries that are and are not covered. 

Here is what you need to know, courtesy of a qualified workers’ compensation attorney: 

Under Ohio law, an injury that would qualify for benefits would be an injury that happened within the course and scope of, and arising from someone’s employment or a condition which developed as a result of that employment. 

So, in a nutshell, that means that work injuries would be covered in a typical case, but there are exceptions that a good lawyer can explain to you. 

A qualified attorney will know to examine the circumstances surrounding how, when, and where of when you were injured and if it fell within the course of employment, meaning what you within the time and space where you normally perform your job duties. 

In examining whether the accident fell within the course of your employment, a good attorney will talk to you about whether your injury was in or around your workplace and your employer’s involvement or their benefit from your presence at the site where the injury took place. 

An example of where dispute may arise is if you were injured while traveling to or coming from a fixed place of employment. If you are injured while traveling to work, such as in a car accident, your injury likely would not be covered. However, if you are required to drive for your job, meaning you do deliveries or pickups, injuries occurring while traveling may be compensable. 

Additionally, the injury must arise from your employment. Put another way, it must be caused while engaged in conduct that is related to your job duties or activities you are supposed to be doing on the job. If you got hurt doing something you would not ordinarily do within the scope of your employment, your injury may not be covered. 

An example of this would potentially be if you are injured while dancing on a table in the break room – and you are a manufacturing employee who isn’t tasked with table dancing in the break room.

Also, there are certain conditions that aren’t covered – again you’d need the advice of workers’ compensation attorney – such as claims for only psychiatric conditions without stemming from a physical injury, injuries that were caused by natural deterioration of your body; or a condition pre-existing the work injury that was not substantially aggravated by your employment.  

It is also worth noting that self-inflicted injuries are generally not covered; nor are injuries that result from a fight you started.

And finally, if you are injured doing a voluntary but unpaid activity that is employer sponsored, you may be covered. However, your employer is permitted to request that you sign a waiver prior to engaging in such an activity. For example, if you pull a muscle playing on the company softball team, and you have signed a waiver of your workers’ compensation rights for that recreational activity, your injury is likely not compensable

At the end of the day, consulting with a highly qualified workers’ compensation attorney is your best course of action, as he or she can explain your case and help you get compensation – if you are entitled to it.

Connor Kimmet and Hafenstein LLP

If you have questions about filing a workers’ compensation claim, our qualified attorneys are here to help. Contact us today.