Share This Post
What Qualifies as a Compensable Injury?
For employees who have suffered from an on-the-job injury, establishing whether or not it is considered a compensable injury is essential for their workers’ compensation case. An injury that qualifies as “compensable” has a specific definition; you and your workers’ compensation attorney will work together to establish that your injury meets this definition and pursue your claim together. Read on to learn about the three major components of compensable injuries and see whether or not they apply to your unique case.
- A compensable injury must first arise out of employment. To meet this specific requirement, the injury you sustained must have been sustained as you participated in an activity that directly benefitted your employer, i.e., moving a heavy object on a job site.
- A compensable injury must secondly occur during the course of employment. To occur during the course of employment, the injury you sustained must have been sustained during the hours of operation or working hours mandated by your place of employment. It must also have occurred at the location of your place of employment or a location that your employer instructed you to visit for work purposes.
- A compensable injury must thirdly occur within the scope of employment. To meet this requirement, you must be able to prove that the injury you sustained was sustained during activities relevant to your employment and that you participated in these activities based on your motivation to help/facilitate the success of your employer.
In addition to meeting these requirements, it is important to note that your work-related injury must have occurred as the result of a singular event in order to be compensable. Pains that develop over time due to repeated motion or similar activities would not qualify as compensable; an injury that you can pinpoint the date and time of sustaining would.
Your workers’ compensation will consult with you to determine the exact nature of your injury and establish its compensability as you seek to file your claim. It is important to thoroughly discuss the nature of your injury and the circumstances surrounding it so that your workers’ compensation attorney can get you the maximum amount of compensation you deserve. Get in touch with Jenkins Block & Associates today for more information.
We have four offices across Maryland and Virginia with trained legal professionals ready to assist you. Please CALL US at 1-800-243-2439 to be directed to the closest Jenkins Block & Associates location to you.