Sustaining an injury at the workplace can be life-changing. As a worker, you have the right to seek compensation if the injury was due to someone else’s negligence. The value of the damages depends on the circumstances and severity of the injury.
“The most common workers comp injury is the sprain, followed by contusions and lacerations.”
However, not all situations are covered by workers comp, and this is something you need to worry about when you get injured at work. Will your injuries be compensated by the employer? A workers’ comp lawyer can help you find this information and guide you on the process of getting compensated for losses incurred.
The primary factor determining whether the injuries are covered is the circumstances that led to the injuries.
The Employer Won’t Give In That Easily
The employer knows that if you file for workers comp benefits successfully, they have to pay some money. He might not be too willing to offer full benefits and try to talk you out of filing for compensation. An experienced workers comp lawyer can help you overcome the intimidation from the employer and ensure you receive benefits as expected.
When Does it Become a Workplace Injury?
For your injury to be regarded as a workplace injury, the main condition is that you must have been injured while fulfilling the tasks assigned in the company or business. The injury should have occurred during working hours.
For instance, if you are a delivery driver and get injured while delivering the company’s products, this is considered a workplace injury, and you stand to be compensated. However, if you are a worker heading to work and get injured before clocking in, this is not considered a workplace injury, and it is not covered under workers comp.
Conditions Not Covered Under Workers Comp
Just because you have been injured at work doesn’t mean you automatically qualify for workers’ compensation. Some people have been known to defraud the system by claiming benefits when in a real sense they haven’t been injured at all.
Some of the circumstances include:
You Have a Pre-existing Condition
If you sustain an injury triggered by a pre-existing condition, you don’t qualify for workers comp, even if the injury happened at work. For instance, if you have had arthritis for a long time and you sustain joint injuries partly due to this, you won’t be compensated.
Taking Personal Risks
When you begin a job, you are given a job description that you must stick to. The description outlines your tasks in the company or business. If you go out of your way and expose yourself to the risk and get injured, you won’t be compensated.
Deviating from Your Work
If you engage in an activity that doesn’t relate to your normal workday, you stand to be denied workers comp benefits. This also includes activities that you do that don’t align with your responsibilities.
For instance, if you go to a different department and use a tool that you don’t have authority to use, you end up being injured – forget about workers’ compensation.
If you deliberately injure yourself to collect workers’ comp benefits, you won’t get any benefits. This also applies to asking a co-worker to injure you so that you can collect benefits.
You are Injured During a Recreational Activity
Office parties and social gatherings can turn out to be venues for injuries. If you are hurt during a party hosted by the company on their grounds, you may not be covered by workers comp.
What Should You Do After a Workplace Injury?
Companies are always on the lookout for opportunities that will help them avoid paying maximum compensation to injured workers. One of the ways they do this is to try and declassify the circumstances that led to the injury. Talk to a west palm beach worker’s comp lawyer to know if your injury is covered and to help you prove that your injury was due to negligence at work. He also helps you get the compensation you deserve.