So let’s say you’ve been injured in the workplace – how do you wish to be compensated for your injuries? Have you decided on the workers’ compensation benefits option? If so, you may wonder if your injury even qualifies for workers’ compensation and if you can receive the necessary money to handle the cost of your injuries. If you were doing something for the benefit of your employer when you became injured, there is a good chance that you will be covered. Here are some of the most common examples of injuries that may or may not be covered:
Lunch Breaks: If you are given a specific time for lunch breaks and you become injured on one, you may not be covered. However, there is a gray area to this. Let’s say you were picking up lunch for your boss. This makes things a bit different because you were doing it for the benefit of your boss, so you may be covered.
Events: Were you injured at a company event like a picnic or party? If there is a messy floor at the party and somebody slips and breaks their leg, they will probably be covered under workers’ compensation.
Travel: The normal, everyday commute to and from work is usually not covered as it is seen as “on your own time.” However, if you are traveling for the benefit of work on work time, then you are probably covered. The difference is the fact that you were in a company vehicle and doing something specifically for your boss.
Misconduct: Breaking safety rules will usually not earn you workers’ compensation. If you were messing around and were injured because of it, you may not be covered but this is not the situation for everyone – sometimes you will be because fault does not matter in many of these cases.
Preexisting Conditions: If you already had a condition and your job made it worse, workers’ compensation will probably cover it.
Diseases and Illnesses: These types of workplace injuries or illnesses are almost always covered. If the disease or illness is related to your work, expect to recover. An example might be somebody who was exposed to asbestos and gets lung disease – work caused it, so they will be able to recover.
When to Hire a Workers’ Compensation Attorney
Of course, there are many reasons why an attorney may be best to have on your side. Sometimes, a case may not seem so complicated and somebody may try to handle it themselves. Yes, sometimes this works. Other times, it is not a good idea and you may end up losing money and time. Here are some of the reasons why a lawyer may be best for your case:
Denied Claim: What happens if your claim was denied and you feel like you have nowhere else to turn? Close to 80% of workers will accept a claim denial when it happens, and we think this is unjust. Hire a lawyer and have them handle your case so this doesn’t happen to you.
Lack of Coverage: If your employer’s settlement offer fails to cover your medical treatment, then they have fallen short. You want to always make sure you are getting a fair deal and a lawyer will help you with this.
Retaliation: In some cases, somebody will file a workers’ compensation claim and their boss will retaliate against them, sometimes even by firing. Do not let this happen to you if you have become injured by fault of your employer.
Call us today for more information on how your case will be handled. We understand the complex laws regarding workers’ compensation and can help you every step of the way. At Maggiano, DiGirolamo & Lizzi, we care about you and your case.