Are All On-the-Job Injuries Covered By Workers’ Compensation?
Workers’ compensation benefits are for employees who have been injured or became ill in a way that is related to work. However, you must be able to prove that your injury occurred on-the-job and not from other means. This usually means that you must show that you were doing something for the benefit of your employer when the injury occurred. So, what are some common situations that may arise where you ask the question, “Is it covered under workers’ compensation?” Now you can find out!
Illegal Conduct: What if an employee committed an illegal crime while on-the-job and became injured as a result? The situation will usually depend upon a few factors. For instance, the employer may have somehow authorized this illegal activity and, if this is the case, an employee may be able to recover for it. In other situations, the employee may not even realize that they were taking part in illegal activity.
However, there are some situations where compensation will, in fact, be denied because of illegal conduct. For instance, the type of illegal activity will matter. Was it an extremely severe violation and the employee should have known better? Was the illegal act willful and they understood that it was a violation of work conduct? Then the employee will typically not receive compensation for the injury.
Accidents Happening on Lunch Breaks: Usually, these types of injuries will not be covered. Let’s say that you broke your leg as you were walking to the market to pick up some lunch on your break and were traveling by means of a sidewalk. You will probably not be able to receive compensation. However, let’s say instead that you are walking to pick up lunch specifically for your boss and you fall and sprain your ankle. Then, in that case, you may be covered.
Traveling: Traveling to and from work is not considered to be “on-the-job” and, therefore, you will probably not be covered. However, this changes when you are on a business trip for the benefit of your employer and you are involved in an accident. In this situation, you will probably be covered.
Preexisting Conditions: Let’s say that you have a preexisting condition like a ruptured disc in your back that occurred when you were a younger adult. You have now received a job where you are working in a warehouse environment and you rupture the same disc that once caused you issues. When this happens, it will likely be covered by compensation.
Diseases and Illnesses: Do you work in an environment that can cause illness to occur, such as being exposed to asbestos? If this is the case, you will be able to receive workers’ compensation for your suffering.
Mental Conditions: These are not always easy to prove in regards to being caused by work. Often times, employees will make claims that they work in a traumatic environment and, as such, they should be compensated for the lasting effects it has left on them. However, proving this may not be easy and could involve the use of a good attorney.
So, now you understand many of the different scenarios that could come into play when you are looking to receive workers’ compensation. Does your life fit into one of these scenarios? Do you believe that you have been injured in the workplace and should be able to receive compensation? Speak to an attorney with experience today. Call Maggiano, DiGirolamo & Lizzi to find out more.