Can I Get Workers' Comp for Neck Pain?
As with most workers' comp claims, it will largely depend on exactly how you were injured, so let's take a look at how workers' compensation insurance works for neck pain.
On the Job or Off
Workers' compensation insurance is is designed to provide compensation for medical expenses, lost wages, and other accommodations incurred when employees are injured on the job. However, only injuries that are work-related are eligible for workers' compensation benefits.
- While the majority of work-related injuries will be sustained in the workplace, worker' comp may also cover injuries suffered away from an employee's place of work but while performing a job-related task, such as:
- Driving a company-owned car or trucks (as long as the employee was doing something connected to his or her job);
- Attending company parties and other social events sponsored by an employer, but not necessarily on company-owned property;
- Participating in "horseplay" or other instances where employees may have been disregarding workplace safety rules (although courts and state laws can vary on this issue); and even
- Taking a lunch break (if it it's connected to the course of employment, like lunch with a client at a restaurant).
So if you're neck pain is the result of some work-related activity, it will probably be covered by workers' comp.
Covered or Not
Most states require employers to carry workers' compensation for their full-time employees. Contractors and undocumented workers, however, may not be automatically covered.
If you're not covered under a workers' comp policy, you may be able to sue your employer instead. But if you are covered, there is an in-depth claim filing process you must adhere to in order to get workers' comp benefits.
If you're not sure whether you can file a claim for neck pain, an experienced workers' compensation attorney may be able to help.
- Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
- Workers' Comp Benefits: How Injured Do I Have to Be? (FindLaw's Injured)
- Can I Get Workers' Compensation For Repetitive Motion Injuries? (FindLaw's Injured)
- Can You Get Workers' Comp for Back Pain? (FindLaw's Injured)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.