Even the seemingly safest workplaces have injury risks, and the workers compensation system exists to insure employees against medical expenses. You might wonder when your employer is responsible for covering those costs, especially if they or their insurer has already rejected a claim. These three issues influence how a workplace injury lawyer will usually assess a case.
On the Job
The simplest criteria for workers compensation is that the employee was on the job at the time of the incident. If you were on your employer's property and clocked in to do work, the odds are very high that the business is liable to pay for any injuries you might suffer.
Notably, the idea of being on the job extends to more than just being at the workplace. If your boss asked you to go for coffee and you suffered an injury while running the errand, that's usually a compensable claim.
Even if you weren't on the clock, you may have a case if you were doing something in the line of work. Suppose your employer asked you to drop a package off on your way home from work. Worse, you suffered a back injury carrying the package because it was unusually heavy. A workers compensation attorney would likely say you have a case.
All work-related injuries are compensable. This goes beyond single incidents. If you suffer a repetitive stress injury on the job, a workers compensation lawyer will usually want to advance a claim. Employers should take reasonable steps to ensure their employees' bodies don't suffer from repeated tasks, even if each repetition is light. Even something like typing can produce injuries.
Negligence and Recklessness Exceptions
Negligent or reckless conduct often forms an exception to the employer's liability. An extreme example would be an employee drunkenly causing their own injury.
However, the employee has to prove that an employee was negligent. For example, is it employee negligence if an injury happens while using a machine the company never trained them on? It probably isn't because an employer has a duty to train you before asking you to use any system. Lack of safety training or proper protective equipment typically strengthens a claim of liability against an employer.
Also, if you were the victim of another employee's negligence or recklessness, then you may have a claim. This is particularly true if the employer didn't take reasonable steps to avoid dealing with bad employees. If a company never implemented a drug-testing program, the business would have a hard time pushing back if a stoned employee hurt another worker.
To learn more, contact a workplace injury lawyer in your area.Share
17 March 2023
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!