Protection of workers and employees by their employers is a requirement by law in the United States Of America. Whether a worker has got injured at the workplace due to his fault or someone else’s fault, or whether he has sustained a work-related accident, he will be fully protected by the Workers’ Compensation Law. That is why every employee working in organizations, both big and small, must be aware of the basics of this insurance coverage.
In this, understanding industrial injury vs occupational disease claim is crucial.
What Is Industrial Injury?
The legal definition of an industrial injury is a tangible or sudden happening that has an immediate result. While that is the legal definition, it means an accident that has happened suddenly and without any notice. One of the most common occurrences of an industrial injury is an employee who has a fall while at work.
When such a fall happens, the injuries that are seen most commonly are bruises, lacerations, bumps, and similar things. However, though these can be said to be minor injuries, they are not the only things that happen. There also may be more severe injuries arising from accidents happening at the workplace.
It is crucial to note here that just because an employee already had a pre-existing medical condition, does not mean that he will not get coverage under workers’ compensation law. Industrial injury in the legal sense also does not mean that it is an injury that has happened due to work. It also covers injuries that are sustained during work, and even when a worker may be going about his day not performing something that is directly related to work.
What Is Occupational Disease?
These can be defined in legal terms as diseases that may have developed over time. Diseases that a worker has developed during work and can be proven to be the effect of risk that is directly involved with the work are known as ‘occupational diseases’. In such cases, the nature of the job that an employee does is such that leads to the disease.
Examples of occupational diseases will include asbestos lung disease and carpal tunnel syndrome, both of which can be caught during work. So while it is not an ”accident’’, it is brought under worker’s comp law.
Worker’s Compensation Insurance Coverage
All workers are protected under this insurance coverage and all claims will either fall in industrial injury or occupational disease categories. Not only are all medical bills covered, but the victim will also be entitled to get disability checks every week till the settlement comes in. It is of prime importance to make sure that a claim is filed no matter whether it is an industrial injury or occupational disease in question.
Hiring an Attorney
When it is a workers’ compensation claim you plan to fight for, it is crucial to hire an attorney for the same, such a professional is going to give you a good perspective on what to do.