11/17/2008When most people hear the term “workers’ compensation,” they believe it to be a one-time injury with a specific point of origin, an accident at work. However, in most states, personal injuries related to repetitive motion can also be the basis for a workers’ comp claim.
Workers’ comp is all considered no-fault. Typically, the test will be whether or not the personal injury occurred out of and in the course of employment. In other works, if the claimant sustained the personal injury while working. If that is the case, it typically does not matter if the person did something that was the cause of the injury, or if it was caused by being placed in a dangerous situation by the employer.
What can be affected by whether or not the employee caused the injury is the amount an injured worker can receive in workers’ compensation benefits.
Because workers’ compensation rights are determined by state law, an employee who is injured on the job should check with an attorney for more information.
Labels: workers' compensation
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