What Types of Accidents and Injuries are Covered?

“Injury” means internal or external physical harm, including damage to certain prosthetic devices and death, that is caused by an accident.  An “accident” is an unexpected traumatic incident or unusual strain, identifiable by time and place of occurrence and by the part of the body affected, and caused by a specific event on a single day or during a single work shift.  An injury must be proven by objective medical findings.  Psychological problems, suicide and aggravation of pre-existing conditions may be covered if the problems stem from a compensable work-related injury.  Covered injuries include, but are not necessarily limited to: neck injuries, back injuries, exposure to toxins, burns, scars, disfigurement, spinal cord injuries, traumatic brain injuries and eye injuries.

For an accident or injury to be covered, it must arise out of and occur in the course of employment.  Factors relied on to determine whether a work-related injury occurred include: whether the activity was undertaken at the employer’s request; whether the employer directly or indirectly compelled the employee’s attendance at the activity; whether the employer controlled or participated in the activity; and, whether both the employer and employee mutually benefited from the activity.