After an injury, those who seek workers’ compensation benefits need to prove that the injury or disease is work-related which means has taken place in the course of doing any job associated with employment. As per Charles Spinelli, under circumstances when a victim was carrying out some job for the interest of his/her employer and experienced an injury, then the injury will be treated as work-related making the victim entitled to the benefits.
Thus often, in certain situations, workers with a lack of knowledge of the worker’s comp rule wonder if they are entitled to make a claim, after being injured or ill. The article outlines some common circumstances to help employees understand if their injury or illness is linked to their employment.
Injury That Takes Place during Lunch Break
Typically, injuries that occur during the lunch break are not treated as work-related. For instance, a worker who experiences a sprinting ankle while on the way to pick up his/her lunch pack or a co-worker will not be entitled to a worker’s comp benefit. However, if that injury happened while the victim was picking up or delivering the lunch for the employer or the supervisor, this would be treated as a work-related injury.
Similarly, if an employee was involved in washing the employer’s vehicle during lunch or after work hours as per the instruction of the boss, the worker would be entitled to worker’s comp. benefit. According to under such circumstances, if the employer denies the claim, make sure to consult with a worker’s comp attorney without any delay to bring expert insight into the fact and avoid being deprived of the legitimate claim.
Workers’ Comp for Injuries While Traveling for Business
Generally, workers’ comp doesn’t give coverage for injuries that are sustained during workers’ commute to or from the workplace. However, there are certain exceptions to this rule:
- While driving a vehicle of the company;
- Traveling on a business-related trip;
- Involved in shopping for the employer;
- Instructed to use own vehicle for business purposes;
- Salespersons who regularly travel for business purposes;
While Working From Home
With an increasing number of employees now working from home, temporary or long-term, often the question arises if workers’ comp benefit is allowed for at-home injuries. According to Charles Spinelli the answer is -it depends on two important factors. 1. The laws of the state where the insured employee works and facts of the case.
Although it might be an arguable point, especially for the insurance company, a victim will be entitled to worker’s comp benefit whereas:
- A worker who experiences carpal tunnel syndrome due to continuous job-related typing, or computer jobs;
- Conversely, a slip and fall from a ladder while adorning the home during work hours will not be covered;
Incidentally, proving such claims could be extremely challenging for the injured or ill worker. Having a seasoned lawyer’s intervention might be helpful.
Misconduct of a Worker And Workers’ Comp Benefits
Important to note that workers’ comp doesn’t give coverage of injuries that occur due to the following reasons:
- If the injured worker was under the intoxication of any illegal substance or alcohol
- An intentionally caused injury
- Injuries caused while doing any kind of illegal activity prohibited in the workplace
- Getting injured while breaking the policies and protocols of the company
- Injury caused due to horseplay in the workplace
To conclude, after being insured, workers who feel uncertain about whether they are entitled to worker’s comp coverage, it makes sense to consult with an experienced attorney to get expert advice on this.
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