What Is Considered On The Job Injury?

what is considered on the job injuryYou probably know that in most cases you can get workers’ compensation benefits if you sustain injuries while you’re at work. Do you know what is considered an on-the-job injury? Are you aware that you may potentially have a personal injury claim as well?

Cellino Law understands that many accidents have complexities that may confuse the average person. We can assess your accident for free and tell you what kind of case(s) you have.

What Is an On-the-Job Injury?

The answer to that question includes the location where you sustain an injury, the category it falls into, and the circumstances surrounding it.

Work Environment

First, you need to understand what a work environment is. The Occupational Safety and Health Administration definition is “the establishment and other locations where one or more employees are working or are present as a condition of their employment. The work environment includes not only physical locations, but also the equipment or materials used by the employee during the course of his or her work.”

Work environments differ. For delivery people, their work environment includes a vehicle, the goods’ place of origin, and the destination. Retail workers’ are stores. Some people go to different sites during a workday; for instance, caterers or florists may create items in one location and deliver or set up in another.

Types of On-the-Job Injuries

Qualifying workplace injuries typically fall into three categories. If you have a pre-existing condition and it worsens because of a workplace accident or other qualifying injury, you may still be able to receive workers’ comp benefits. Ask your workers’ compensation attorney from Cellino Law for clarification.

Physical Injury

Some sort of physical injury is the most common:

  • Broken bones
  • Muscle sprains or strains
  • Bruises
  • Cuts
  • Twisted ankles
  • Back injuries

These usually happen in one of three ways:

  • A general workplace accident: you might trip over loose cords and fall.
  • Someone else injures you: a coworker accidentally hits you, for example.
  • Your work duties cause an accident: for instance, lifting heavy or awkward objects can hurt your back.

Repetitive Stress Injury

Some job duties require you to perform the same movements repeatedly. Lifting, twisting, and typing are examples. Over time, your body can rebel. You can experience back issues, knee problems, and carpal tunnel syndrome as a result.

Occupational Illness

You can contract certain illnesses in your workplace that qualify as on-the-job injuries. Hospital staff may become infected due to exposure to ill patients. You can develop COPD or asthma if your work environment includes fumes or dust.

Illnesses such as a common cold or stomach bug usually don’t qualify.


Even if you’re injured at your workplace, it may not qualify as an on-the-job injury in some cases. Some of these exceptions are:

  • You’re there on your own time doing personal tasks and not doing anything work-related. You might have left your workout clothes in your office and gone back to retrieve them, for example.
  • You’re present as a member of the general public rather than an employee. For instance, you may be shopping at the retail store where you work.
  • You voluntarily participate in a fitness, medical, or recreational activity.
  • Your accident happens while you’re preparing or consuming a drink or food (in most cases.)
  • You intentionally hurt yourself.
  • Mental illness (unless a qualified professional stated that it is work-related).
  • You experience a non-work-related exposure or event outside the workplace that causes an injury or illness that begins to surface while you’re at work.
  • Your injury or illness results from a car accident while commuting.

If you’re not sure your injury or illness qualifies, contact Cellino Law.

Can You File a Personal Injury Suit for an On-the-Job Injury?

Most personal injury cases are based on negligence. If your workplace accident and injury results from negligence, you might qualify to pursue a personal injury claim. Some examples of employer negligence are:

  • Unrepaired structural damage like loose handrails or stair treads
  • Failure to provide safety equipment
  • Poorly maintained tools or equipment
  • Incomplete training
  • Dim lighting
  • Loose electrical cords, especially in a walkway
  • Lack of appropriate supervision

To prove negligence, the employer must have known — or should have known — about an issue yet failed to do anything about it. You’ll need proof showing when they found out about the hazard and finding it can be tricky.

Your attorney from Cellino Law knows what kinds of evidence to look for and how to find it. Further, we have the resources to perform an in-depth investigation to substantiate your claim.

Workers’ comp benefits can help you, but you’ll likely get more compensation if your injury or illness qualifies you to file a personal injury claim.

What Compensation Can You Get Through a Personal Injury Claim?

If you can file a personal injury claim, you may be eligible to recover compensation for different types of damages. Your attorney from Cellino Law can tell you which damages you might receive and what your case is worth.

Economic Damages

Your injury or illness will likely cost you money. Economic damages reimburse you for directly related expenses, including:

  • Medical treatments, rehabilitation, therapy, medications, medical equipment, and transportation to and from medical appointments
  • Lost wages due to the time you lose from work
  • Costs associated with hiring a caregiver
  • Certain daily expenses
  • Property damage

Because you’ll be reimbursed for specific amounts, you’ll need to keep all bills and receipts. Your attorney will use these as proof for your claim.

Non-Economic Damages

On-the-job illnesses and injuries can affect your life in ways that aren’t financial, and you deserve compensation for these things too:

  • Mental, emotional, and physical pain and suffering
  • PTSD
  • Anxiety and depression
  • Losing your ability to enjoy life
  • Permanent disfigurement or disability
  • Personal relationship damage

Punitive Damages

Not all personal injury claims qualify for punitive damages. The negligent party must act with deliberate maliciousness or recklessness. Punitive damages aren’t awarded to compensate victims. Instead, they are imposed to further punish the offender.

How Can an Attorney Help You?

When you’re injured on the job, you might not know what options are available to recover compensation. When you hire Cellino Law, we’ll advise you of your options and help you decide which to pursue. We will also:

  • Investigate your accident or the cause of your illness
  • Gather evidence that supports your claim
  • Prepare and submit paperwork
  • Speak to insurance companies and investigators on your behalf
  • Negotiate a favorable settlement
  • Take your case to trial if necessary

Cellino Law is a big firm with extensive resources, but we give each client personal attention and respect. We’ll be there beside you during each step of your claim process.

Do You Need Competent Legal Assistance?

The attorneys at Cellino Law have been assisting injured New Yorkers with accident claims and lawsuits for more than 60 years. If you suffered injuries on-the-job, we can help you too. We’ll provide information, guidance, and legal advice, and take care of your claim for you so you can focus on recovering from your injury.

You can contact Cellino Law 24/7 to request your free case review. Remember, you won’t pay us any upfront fees. In fact, you won’t pay us unless you win. Call us at (888) 888-8888 or submit our contact form today so we can get started working for you.



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