How does a Louisiana resident determine if the injury they sustained in the workplace was ‘work-related’ or not? This is a question that can often stump workplace accident victims, as they may have to prove their injury was related to the work they perform. This is important because workers’ compensation benefits are only available for work-related accidents.
According to the Occupational Safety and Health Administration, a work-related injury or illness is one in which an event or some exposure at work either contributed to or caused the resulting condition or significantly aggravated a condition or illness that already existed. If the event or exposure is taking place in the work environment, then work-relatedness is presumed. Further, work environment has been defined as establishments or other locations the employees are either working or present as a condition of their employment. It is not only limited to physical locations-it also includes material and equipment used by the employee during the course of their work.
There are however exceptions to this-injuries and illnesses that take place in the workplace but are not considered work-related. For example, if the employee in the workplace and off-duty when the accident took place or the employee was voluntarily participating in a wellness, fitness, or recreational program, it might fall within the exceptions of work-related injury. In addition to this, if the employee is injured while performing personal tasks that are unrelated to their employment, outside of assigned working hours, it might not be considered work-related.
There are also other exceptions to injuries taking place within the work environment and it can often be overwhelming trying to figure out whether an injury is work-related or not. An experienced attorney may be able to help workplace accident victims fight for their rights and sort through the legalities of the case.