Knowing whether you are covered by workers compensation for a work-related injury can get confusing and distressing. Most often, the two main factors that contribute to your eligibility includes 1) if you are an employee and 2) if the injury occured due to the employment. However, even if these two factors apply to you, it still does not guarantee workers compensation coverage will be approved. Here we have answered some common questions about workers compensation, in an effort to help provide information about this complex coverage.
If an employee goes back to work, are they still able to receive benefits for workers compensation?
If the work permits the employee to earn wages equal to or more than what they were getting before the injury, benefits may likely be stopped. But, if the employee is still enduring some degree of pay loss because of the injury, benefits can remain but may be adjusted to a lesser amount.
Do workers injuries always qualify for compensation benefits?
Workers compensation is designed in a way to coverage injuries for hurt employees in the event a job duty or environment results in an illness or injury. However, if the employee suffered an injury due to being intoxicated or while under the influence of an illegal drug, benefits are likely to be denied. If a worker acted in a way to intentionally cause an injury, the compensation claim is likely to be flat out denied.
Do workers injuries have to happen while on the job site?
It depends on your state, but overall if an injury happens within the scope of a job duty, it can be covered by workers compensation. To take this point further, if an employee were to be injured while running a work-related errand or while traveling for work, the injury may qualify for coverage. If for any reason the employee deviated from the original work plan in order to do a personal errand or task when the injury happened, then this may risk eligibility for workers compensation. Employees who attend an event sponsored by their employer, such as a picnic or recreational event, can receive benefits if injured or suffer an illness because of the activity.
Should I consult with an attorney about my workers compensation claim?
Many employees choose to consult with an attorney about their workers compensation claim. Some people want representation just in case their claim were to be mishandled in any way. It is not uncommon for employers to try and push their employees into performing normal job duties despite a doctor’s restrictions. It can help to have legal counsel if anything were to go awry. If you feel as though your employer tries to keep you from filing a workers compensation claim, retaliates against you or otherwise treats your incident in a neglect or careless way, it may be best to hire an attorney. Your rights may become violated, and West Palm Beach work injury attorneys can help you take the steps towards holding your employer accountable for their actions.
Thanks to our friends and contributors from Workers Compensation Lawyer – Palm Beach for their insight into workers’ compensation.