Miami Legal Tips Blog

5 Injuries Your Workers Compensation Policy May Not Cover

At Gilbert and Smallman, we’ve worked with many clients on workers compensation cases that were not what the client first thought. In a perfect world, if you were injured on the job then your employer would cover those injuries. Unfortunately, that’s not always the case. Read on to learn more and then reach out to Gilbert and Smallman for a free consultation.

The most important questions to answer when considering a case

The best way to find out if your workers compensation claim should cover you is to reach out to Gilbert and Smallman. We’ll consider many factors before giving you a definitive answer. First, we’ll think about where it happened and what you were doing. It’s a common misconception that any injury that happens at work is covered by workers compensation but in reality, it must not only have happened at work but the injury must have occurred as a result of job-related duties.

The 5 injuries that may not be covered

Even if you were injured and the injury was the result of doing your job as required, there are some injuries that are less likely than others to be covered. They include:

  1. Frostbite
  2. Stress
  3. Heat stroke
  4. Hearing loss
  5. Emotional distress and / or anxiety

Does this mean that if you’ve suffered one of these injuries on the job that you have no recourse to sue for damages? In fact, it doesn’t mean that at all.

What to do if your case isn’t covered by a worker’s compensation claim

If you have an injury that you received on the job, and you’ve been denied a worker’s compensation claim, then there are a few things you can do. If it’s warranted, you may want to take it to court and prove your claim. This would require working with a worker’s compensation attorney. You can also sue your employer directly, not involving a worker’s compensation claim. It may also be true that your best bet is to move on.

Do you need help with an injury case?

If you’ve been injured then it’s worth it to at least discuss the situation with an attorney. At Gilbert and Smallman, we offer a free consultation. All you need to do is call us. We can go over your case and lay out your options. Don’t assume there’s no help – we are here for you. Call us today.



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