Accident injury V. Specific traumatic incident

In general, there are two requirements for an employee who is injured on the job to qualify for Workers’ Compensation: (1) the employee must be injured by accident; and (2) the injury must arise during and during employment.

As a general rule, employees must be injured by accident to give rise to a claim under Workers’ Compensation laws. The term “accident” has been interpreted as an “unexpected and adverse event that is not expected or designed by the injured employee.” For example, accident injuries often arise in the context of construction. An employee who falls off a ladder or trips into a hole could likely claim any injuries resulting from that accident under the Workers’ Compensation statute. You could also claim a welder who is injured by equipment malfunction or a supermarket worker who slips on a wet floor. Meeting the standard for accident injuries does not automatically result in a claim being valid. However, it is an essential element. On the other hand, an employee who claims a workplace injury but cannot reproduce any details about when, where and how the accident occurred will have an uphill battle to file the claim.

Also, this claim cannot arise on the basis of something that occurs in the normal course of an employee’s work. For example, if an employee normally lifts boxes and places them on a truck, an unforeseen knee injury resulting from that lifting probably will not qualify as an accident injury.

As an exception to the accident injury standard, back injuries only require a “specific traumatic incident.” The main distinction between the two is that the specific traumatic incident can occur within the employee’s normal job duties. In this case, the unexpected and unusual appearance of the injury is not required, but it must be specific. Going back to the previous hypothetical, if an employee lifts boxes in the bed of a truck every day as part of their normal routine and injures their back while lifting them one day, that claim could probably present itself as a specific traumatic incident. The employee’s injury occurred during a specific instance at work.

It is often frustrating for claimants that the types of injuries covered by the specific trauma injury standard are so limited. Each case is very specific to the facts. If you feel that you have been injured on the job, you should consult a workers’ compensation attorney in your area for an objective evaluation of your case.