What Qualifies As A Workplace Injury?

Workers Comp Is Not Just For Workers

On November 26, the New York State Department of Insurance issued a press release about the state’s proposed changes to workers compensation law. The proposed legislation would allow for “more flexible treatment” of certain workplace injuries under workers compensation, according to the release.

The press release quotes Governor Andrew Cuomo, who said, “With this new law, we’re taking another big step forward in ensuring the quality of life and health of our working families.” The legislation is expected to be introduced in January.

The proposed law would expand the list of compensable injuries to include repetitive motion syndrome, carpal tunnel syndrome, and the “new” condition, “carpal tunnel of the upper extremity.” This last term is defined as an injury to the median nerve that occurs when the hand is repeatedly flexed and extended. Carpal tunnel syndrome has been a problem for many years, but the new proposal would allow for a broader definition of the condition.

As the press release points out, the proposed legislation would apply to employees of any size business, including those that are self-employed. This would include, for example, construction workers, mechanics, electricians, and plumbers.

According to the release, the proposal would also “expand the ability of workers to file for benefits while still employed.” Under current law, an employee must be “off work” to qualify for benefits, but the proposed legislation would permit workers to file for benefits while still employed, even if their condition does not prevent them from continuing to work.

The proposed legislation would also, according to the release, eliminate the requirement that employees be injured on the job in order to receive workers compensation.

According to the release, the proposed changes are designed to “improve the efficiency of the system.” The press release notes that the changes are being proposed because the current system “has not kept pace with the changing nature of the workforce, where many workers are now required to work in occupations that have higher rates of repetitive motions, such as hairdressers, and others that require the use of both hands, such as lawyers.”

The proposed changes are intended to “address the fact that the current system has been in place for decades, and has not kept pace with the changing nature of the workforce,” the release states.

The proposed changes would not affect the ability of employers to deny claims for workers compensation. However, the release does point out that a worker that suffers an injury that is not compensable by the proposed changes may be able to file a “common law claim,” which, the release states, “would allow for a broader range of damages, including pain and suffering, lost wages, and future earnings.”

There are currently more than 300,000 registered self-insured employers in New York. The press release estimates that, as a result of the proposed changes, an average employer would save $3,200 per year.

Examples Of Workplace Injuries

Workplace injuries cause physical and emotional pain

Workplace injuries happen all the time. For the most part, workers aren't aware of them until they're injured. After all, they're often in the middle of a job.

There are many reasons why workers are injured at work. Here are some of the leading causes.

Injury from falls

Most workplace accidents involve falling objects, such as machinery, or falling off of things like ladders and scaffolds.

Slips and trips

These injuries happen when employees walk around on a slippery surface or trip over an object.

Bruises, cuts, and broken bones

They occur when employees get hit with objects, such as fists or other heavy objects.

Burns

They happen when chemicals come into contact with the skin.

Electrical shocks

An electric shock happens when employees touch something that has been electrified.

Hazardous chemicals

These injuries happen when an employee is exposed to dangerous substances or products.

Violence

A physical attack occurs when someone physically hits or pushes another person.

Stress

Workplace stress happens when an employee feels stressed by having to do too much, doing too little, or being in an uncomfortable situation.

Exposure to harmful conditions

These injuries happen when an employee is exposed to unsafe working conditions.

The best way to prevent workplace injuries is to provide a safe workplace for employees. This involves providing proper training to all employees and making sure there are adequate safety devices and tools.