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What Situations Do Not Qualify for Worker’s Compensation Benefits?

December 22, 2017 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

It can be difficult to distinguish between what worker’s compensation benefits cover and do not cover. In most states, worker’s compensation insurance is required of employers to cover their employees injuries on the job. The requirements for coverage are strict, but they are in place for your benefit.

Injuries that Happen Outside of Work

You have to be injured on the job in order to receive worker’s compensation benefits. Things can become muddled when you are performing duties for your job outside of your workplace. The injury must have occurred doing something that is listed in your job description in order to receive benefits. If you are injured on a break, on your way home from work, or doing something other than your duties while you are at work, then you will likely not be covered.

How Badly Have You Been Hurt? How Did it Happen?

If your injury was minor like a cut or scrape and was fixed easily, you probably won’t be compensated. Worker’s compensation is generally awarded for serious injuries that cannot be easily treated.

How much you will receive in a settlement is dependent on how you sustained injuries. If you were injured because you were not complying with workplace regulations or misusing any equipment, then you will not receive compensation. This especially rings true if you were inebriated while the injury happened and if your injuries were directly related to your inebriation.

What About Customers or Coworkers?

Workplace accidents can occur between co workers and to customers as well. If an accident occurred between the office and a job site and it involved another driver, worker’s compensation will not cover the damages the third party experienced. If your accident occurred while you were driving your personal car but were doing a business errand, then you should contact a car accident lawyer to discuss your options. It is likely the injured third party will seek damages from you and you should make sure to protect yourself.

Contact a Professional

If you find yourself in any of these situations, you should consult an attorney. Accidents that occur in the workplace should be covered by worker’s compensation, but there are specific rules to adhere to in order to qualify. If you have experienced a workplace incident, you should consult an attorney to discuss your legal options and whether you qualify for compensation such as the such as the New York Workers Compensation Lawyer.


Thanks to authors at Polsky, Shouldice & Rosen LLP for their insight into Workers Compensation Law.

 

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