Workers compensation claim arises when an employee suffers an injury because of his work. This type of insurance is usually paid by the employer for the benefit of its employee. However, not all injury sustained are not compensable under this law.
The legal blog entitled “Two to Function” discusses an employee’s claim under the workers compensation law for an injury suffered in a car accident. In this case, the employee, a woman argues that her disfigured breast implant is covered by the workers compensation law because the implant is a prosthetic device that functions as part of the body. The court ruled in her favor but order to remand the case to the commission for further determination of the issues.
In a number of cases having similar issues that I encountered, one of the common problems is that the injury suffered by the plaintiff is not covered by the workers compensation law. As defined by law, only injuries sustained while at work, or during the performance of one’s work and therefore work-related are the only injuries recoverable through workers compensation claim.
I think it is time for the legislators to clarify this issue and give a clear outline as to the extent of its coverage.
With the case mentioned, I just hope that they will make certain clarification whether prosthetics is covered by the law. This issue needs immediate clarification because nowadays prosthetics and other scientific way to look good are popular especially among women. It becomes hard to distinguish real from unreal.