Legal Definitions - compensable injury

A compensable injury refers to a harm or damage suffered by an individual for which they are legally entitled to receive financial payment or other forms of redress. This entitlement typically arises because the injury occurred under specific circumstances, such as during employment, due to another party's negligence, or as covered by an insurance policy.

• Example 1: Workplace Accident

  A factory worker is operating machinery when a safety guard malfunctions, causing their hand to be caught and severely lacerated. Because this injury occurred while the worker was performing their job duties within the scope of their employment, it is considered a compensable injury under workers' compensation laws. The worker would be entitled to benefits covering their medical treatment, rehabilitation, and a portion of their lost wages.

• Example 2: Injury Due to Negligence

  A shopper slips on a puddle of spilled liquid in a grocery store aisle that had not been cleaned up or marked with a warning sign. The fall results in a broken hip requiring surgery. The shopper's injury is compensable because it was directly caused by the store's negligence in maintaining a safe environment for its customers. The shopper could seek compensation for medical bills, pain and suffering, and other damages from the store.

• Example 3: Auto Accident with Insurance Coverage

  A driver is involved in a car collision where another driver runs a stop sign, causing significant damage to their vehicle and whiplash injuries. The whiplash is a compensable injury because it was directly caused by the other driver's fault, and the at-fault driver's liability insurance policy is designed to cover such damages. The injured driver can file a claim against the other driver's insurance for their medical expenses, vehicle repairs, and other related losses.