Workers’ Compensation
June 17, 2022
Employees who are injured on the job may be able to receive workers’ compensation benefits. If an injured employee is covered by workers’ compensation, they typically can receive partial pay for the time during which they are out of work because of their injury, the costs of their medical bills, and other compensation. Employees who are covered by workers’ compensation will receive these benefits regardless of who was at fault for their injury. A workplace injury victim is not required to enlist the help of a good personal injury lawyer but good law firms, like Eglet Adams, recommend this in order to make sure that all your rights to compensation as well as other benefits, are upheld.
Who Is Covered by Workers’ Compensation?
State law governs workers’ compensation. If you were injured at work, you should be sure to check your state’s laws to determine whether you are covered under workers’ compensation. However, the overall structure and functioning of workers’ compensation is very similar among states.
Every state except Texas requires employers to have workers’ compensation insurance. In some states, employers with even one employee must have workers’ compensation insurance. In others, there is a minimum range of employees that triggers the employer’s duty. This may range from two to five employees. However, workers’ compensation normally does not cover independent contractors, volunteers, or domestic employees working in private homes.
Employers who have workers’ compensation insurance are required to post notices in a convenient location that is often visited by employees during work hours, that advises employees of their legal rights. Employers must also provide injured employees with workers’ compensation claim forms within 24 hours after an employee notifies the employer of an on-the-job injury or work-related illness.
Injuries Covered by Workers’ Compensation
Workers’ compensation only covers injuries that arise out of employment or occur during the course of employment. In other words, the injury must relate to the injured employee’s job.
Examples of injuries that are covered by workers’ compensation insurance include:
- Accidents incurred from falling off scaffolding or other construction equipment;
- Repetitive strain or stress injuries that develop from performing the same task over an extended period of time
- Diseases developed from workplace conditions, such as lung disease, asbestos, or cancer from exposure to toxic chemicals
Injuries Not Covered by Workers’ Compensation
There are some on-the-job injuries that workers’ compensation insurance will not cover. If the employee’s injury was caused by the employee’s use of alcohol or illegal drugs, the employee will not be entitled to workers’ compensation benefits. Further, injuries caused by the employee’s misconduct will also not be covered. Examples of these types of injuries include:
- Injuries that were self-inflicted;
- Injuries sustained in a fight started by the injured employee;
- Injuries sustained while the employee was committing a felony or other serious crime.
In some states, workers’ compensation insurance will not cover an injury if the employee was violating company policy when the injury occurred, such as if the employee was engaged in “horseplay” when the injury occurred. However, a court may still rule that the employee’s injury is covered by workers’ compensation insurance if the company condoned the behavior the employee was engaged in when they were injured, or if the behavior was an accepted or frequent feature of the work environment.
