Location Matters When It Comes to Workers’ Compensation
Author: Auger Law | August 3rd, 2015
When you decide to seek benefits from workers’ compensation, you need to be sure that your injury was work-related. Yes, it may have happened on the job, but not all “on the job” activities are counted when it comes to filing a claim. If you were injured or fell ill at work during one of these activities, look at the fine print before you decide to file.
Lunch or Other Break
If your company doesn’t have a cafeteria and you decide not to pack, any injury that you sustain while traveling to get your lunch, either by car or on foot, typically isn’t covered. For example, you decide to walk to the corner food cart and grab a hot dog. On the way, you trip and sprain your ankle. That injury will be your responsibility, monetarily speaking.
You are at the annual company picnic. You and your co-workers are playing softball, and you catch a line drive to the shin. The result is a fracture and a month’s worth of pain and suffering. Are you covered? Generally speaking, yes. If your injury or illness occurs during a company-sponsored event like a holiday part, picnic, or outing, you are covered by workers’ compensation.
If you are involved in an accident going to or leaving from work, you normally are not covered. If, you are traveling for work, and not to your fixed place of employment, your accident will be covered. On the other hand, if you are commuting to work in the company car and are involved in an accident, you have a good case for workers’ compensation.
Tom-foolery, monkey business, or shenanigans, call it what you like. If you are involved in the breaking of company rules or safety procedures and are injured, you may still be covered by workers’ compensation. Why? Because fault is typically not considered. Your level of misconduct, however, will be taken into account. Horseplay is a bit of a gray area when it comes to coverage.
Most people fail to consider that mental stress and trauma may be covered by workers’ compensation. For example, if you are traumatized by witnessing a co-workers death or serious injury, you will be covered.
If you aren’t certain whether your injury or illness is covered by workers’ compensation, call our workers compensation lawyers today. Our experienced personal injury attorneys will review the facts of your case and help you determine whether or not you have a claim. Call us now for a free consultation.