WORKERS' COMPENSATION I Frequently Asked Questions
I. General Information   F. What to Do If You Are Injured On-the-Job
  A. How Do Workers’ Compensation Laws Operate?   G. Conclusion
  B. Who Is Covered by Workers’ Compensation Laws? II. Employer Obligations
  C. What Is the Difference Between Workers’ Compensation Benefit Claims and Civil Lawsuits?   A. Duties
B. Penalties
  D. How to Protect Your Rights  

C. State and Local Government Employees

  E. Categories of Injuries Covered by Workers' Compensation   D. Federal Government Employees
       
Remember that the laws in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas are different.  You should consult with a workers' compensation lawyer who is familiar with the laws of the State in which you were injured and has experience taking on large insurance companies in the pursuit of compensation for victims of personal injury accidents.
 

Categories of Injuries Covered by Workers’ Compensation

You may be eligible for workers’ compensation benefits for a work-related injury that fits into one of the categories below:

  • Pre-existing Conditions – These types of injuries are unrelated injuries that you already had, which are aggravated or exacerbated by your workplace.  One example is a back injury, even if you don’t notice the pain caused by the injury until later.
  • Injuries on-the-job – This category includes injuries caused by your company’s facilities (such as a chair in the company break room). Injuries during work time also include those that occur during coffee breaks, on your lunch break, and during work-sponsored activities (for example, a company picnic).
  • Exposure to Toxins – This class includes injuries that results from exposure to toxins in chemicals from normal working conditions.  An example of this type of injury is lung cancer, if you can show that it was caused by exposure to those on-the-job toxins.
  • Physical and Mental Strain – This category includes physical and mental strain that is a result of increased work duties or work-related stress.  In some states, a disabling mental condition that is a direct result of work demands or constant harassment from a supervisor may also be included in this category.

However, there are some injuries that aren’t covered by workers’ compensation.  The injuries that aren’t covered may vary from state to state.  In some states, an employee can be compensated for an injury that he or she received while joking around at work.  In some states, an employee would not be eligible for compensation for such an injury.  Many states will not compensate an employee who is intoxicated when he or she is injured.  Some states also bar employees who intentionally injury themselves from receiving compensation.  Additionally, an employee generally won’t be compensated for injuries received while traveling to or from work.  However, there are exceptions under which an employee will be eligible for compensation for work-related travel injuries.  These exceptions include: when the employer has agreed to provide transportation for the employee, when the employer pays the employee’s costs for commuting, or if traveling is required as a part of the employee’s job.

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If you would like to schedule a free initial consultation regarding a work comp related injury, please contact the Shanks Law Firm at (712) 322-2600 or complete our inquiry form.
 
Randy Shanks
RANDY SHANKS
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Council Bluffs, Iowa 51503
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Tel: (712) 322-2600
Fax: (712) 323-5577
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