Are you injured on the job? Workers’ Comp might not cover some of your Injuries.
Workers’
compensation is a
system with inside the United States that offers benefits to workers who were
injured or ended up unwell because of their job. State governments commonly
administer this system as a part of social welfare programs. The United States
established the Workers’ Compensation in 1908 to enact the Workers Compensation
Act in New York. The program has gotten amended and expanded over the years,
with most states now providing benefits for temporary and permanent disabilities,
death, and medical expenses. Employers pay W.C. insurance premiums, and
state-run insurance funds pay benefits.
Each year, hundreds of
people get injured at the job. Based on the Bureau of Labor Statistics, in 2016, there were almost 3 million nonfatal places of work
accidents and illnesses. That’s more than 7,500 injuries each day.
The most common type of
injury is a musculoskeletal disorder, such as a sprain, strain, or tear. These
accidents account for more than one-third of all workplace injuries. Other
common types of damages include: - slips, trips, falls, contact with toxic
objects and equipment, fires, etc. Workers’ compensation is accessible to
almost all the employees in the United States, except the federal government.
The program is obligatory
in maximum states, which means employers should offer their employees
insurance. The system gets administered on the state level, with each state
placing its very own guidelines and regulations. However, it is crucial to
recognize that workers’ compensation isn’t necessarily an insurance program.
Workers’ reimbursement is
a no-fault system. Because of this, a business enterprise need not show
negligence for the worker to obtain benefits. Benefits get provided no matter
who was at fault for the injury. It is a way to compensate the injured
employees for their inconveniences and pains. However, several injuries don’t
cover under workers’ compensation. It includes injuries that occur while the
worker is off the job or on vacation. It also has self-inflicted wounds, such
as those caused by drug or alcohol abuse.
Injuries not included in
Workers’ Compensation
Several injuries and
illnesses do not cover under workers’ compensation. These can include injuries
or diseases resulting from a worker’s negligence, injuries or illnesses while
traveling for work, and psychological injuries. These can consist of:
Injuries that occur while the
employee is off the clock
Injuries that occur while
the employee is off the clock are not typically workers’ compensation claims.
The injury did not happen while the employee was performing their job duties.
For example, an employee injured while on a break or traveling to work occurred
while off the clock.
Injuries that happen through
horseplay or other reckless behavior
Injuries caused by
horseplay or other reckless behavior is generally not covered by workers’
compensation, but some exceptions are there. Generally, damages caused by horseplay
or other reckless behavior is not covered by workers’ compensation because they
are considered the result of personal choices rather than job-related risks.
Self-inflicted Injuries
Self-inflicted injuries
are the injuries caused by the employee and not by their work. They happen when
employees are not following the safety guidelines that have been put in place
by their employer. Many injuries are self-inflicted and do not get covered
under workers’ compensation.
Common self-inflicted
injuries are drug or alcohol abuse, horseplay, or fighting.
Injuries that happen while
the employee is committing a crime
When an employee is
injured while committing a crime, they can typically not collect compensation
benefits. It is because their injury gets considered to be “outside the scope of their employment.” For example, if an employee is injured while
robbing a bank, they would not collect workers’ compensation benefits as the
injury took place off the course of their employment. Even though these
injuries can reduce your chances of receiving compensation, remember that
exceptions always exist.
If you get injured at the
workplace under the circumstances mentioned earlier, it is best to consult an
experienced Workers’ Compensation attorney or even attorneys. Discuss the
details with your attorney and understand where your claim stands before making
any decisions.
As established above,
there are a variety of injuries that don’t get covered under workers’
compensation. If you have been injured and are not sure if you are covered,
please contact at (562) 561-2669/(213) 732-3436 our office for a free
consultation or visit our website at Gaylord and Nantais Attorneys
at Law. We will review your case
and know if you are eligible for workers’ compensation benefits.
#workercompenstaionattorney
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