When can an employee get compensated through workers’ comp?
When an employee is injured at the job, their employer has the responsibility of helping the injured employee with any lost wages and any medical expenses they incur. By law, employers are required to carry workers’ compensation insurance which aims to pay a portion of the employee’s regular wages during the time the employee is injured and cannot work due to illness or injury.
Before an employee can file a claim for workers’ compensation, they must first make sure that the injury they are seeking compensation for is work related. This means that the employee must have been engaged in some work related duties or any other work on behalf of their employer at the time the injury took place. If the employer was injured at a company event, such as a company party, company lunch or dinner, a picnic or any other social event, then that will also be covered under workers’ compensation. All company sponsored events are covered, even if the event was being held outside of office or company-owned property.
What injuries are considered work related?
In most cases, only job-related injuries are covered under workers’ compensation. This may include cases where the employee was disregarding workplace safety rules and was acting in negligence. If the injury was not work related but occurred during working hours, such as at the cafeteria during lunch break, it may still be covered under workers’ compensation. It all depends on the laws in the particular state. If alcohol contributed as a cause of injury, and the injury took place at a company event such as a holiday party, it may be considered work related and will be covered under workers’ compensation.
Pre-existing injuries that are aggravated or worsened on the job are also counted as work-related and are covered under workers’ comp. Any mental conditions that were sustained as a result of the job are treated the same as physical injuries and are covered under workers’ compensation.
Another thing to note about workers’ compensation is that not all employees or workers are covered under workers’ comp. Railroad contractors, part time employees, and independent contractors are not covered by workers’ compensation laws. Similarly, undocumented workers are also not covered under these laws. Some states have laws in place to include illegal immigrant workers under workers’ compensation coverage.
Many factors are taken into consideration when determining which injuries are covered under workers’ compensation and which ones may not be. In other cases, if the employer fails to carry the required amount of workers’ compensation insurance, or if the employer willfully failed to implement safely regulations at the workplace, the employee may even sue their employer in court. However, these cases are quite rare.
If you are not sure if your injury case will be covered by workers’ compensation, or if your employer fails to provide you the compensation you deserve, get in touch with an attorney who understands workers’ compensation laws in your state. Most lawyers offer a free initial consultation, so you have nothing to lose.
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