When is Your Employer Responsible For an Injury Sustained at Work?
Before filing a workers’ compensation claim or seeking other employer-provided relief, be sure your injury is work-related. Besides, you don’t want to be in the statistics of fraudulent claims. A work-related injury usually means it occurred while you were doing your job responsibilities or doing anything else on behalf of your employer. Such scenarios include corporate parties, picnics, and other social activities sponsored by your employer but not necessarily held on company-owned premises.
Workers’ compensation insurance, which covers a part of an employee’s regular earnings while they recuperate from a work-related injury or sickness, is required by most state laws. However, certain workers, such as independent contractors and railroad employees, are not protected by workers’ compensation legislation. In certain rare cases, workers may sue their employers in court for injuries caused by intentional violations of safety requirements.
Let’s look at more considerations for determining if your employer should write a check.
- An injury sustained during a work break is usually not work-related unless it happens in a company cafeteria or is somehow influenced by your employer.
- A preexisting ailment that worsens during your employment period is often regarded as work-related.
- If the injury is due to alcohol, it can be considered work-related if consumption was done in an event sponsored by your employer.
- Mental conditions that develop as a result of your job are considered work-related.
Is Your Employer pressing You Not To File For Compensations?
Note: It is unlawful for your employer to give you an incentive to persuade you not to file a worker’s compensation claim. You have the right to say “NO.”
A worker’s compensation claim does not give your employer the right to mistreat you, and the law protects you. But, on the other hand, insurance companies use a variety of ploys to get you to accept much less than you deserve in payment for your medical expenses. Hiring an experienced lawyer from a reputable law firm like Kuzyk Law would be the right step to take if you want your claim to be resolved successfully.
A good lawyer will look at all the complexities of your case and collect enough evidence to convince the jury that you need compensation. In addition, they will help negotiate for the maximum compensation. So, never hesitate to find a good worker’s compensation attorney.
What’s Not Covered by Workers’ Compensation Requirements
- Agricultural workers
- Seasonal workers
- Domestic workers (e.g., housekeepers, nannies)
- Undocumented workers
A claim for benefits (approximately two-thirds of your regular salary) may be filed if you are qualified for workers’ compensation, but you cannot take legal action against your employer for the same injuries. However, y our employer may be subjected to penalties, criminal charges, or lawsuits if they fail to offer coverage that is required by the law.
Alternatives to Worker’s Compensation
- Federal Employees’ Compensation: For non-military, federal employees
- Longshore and Harbor Workers’ Compensation: Guarantees workers’ compensation for some private marine company employees.
- The Black Lung Benefits: offers compensation to miners who are suffering from a condition known as “black lung” caused by mining.
- Federal Employment Liability: Helps railroad employees get compensation if injuries are caused by company negligence.
- Merchant Marine Act: Similar to federal employment liability compensation, but this one covers seamen.
Work-related injuries may take months or even years to manifest symptoms, and determining whether an ailment is work-related is not always easy. If you have suffered an injury or developed a sickness while at work, get urgent medical care, but also consider calling an experienced, local legal firm for a review of your claim.