Worker’s Compensation Coverage About Injury
In short, if it is a result of an incident at work, yes.
You will need to be able to show that your injury was directly caused by work. Whatever you were doing when the injury occurred has to have been something required or asked of you by your employer. This seems very simple, but like many other issues in law, work-related injury qualification has many grey areas. Here are a few quick facts about some of the causes for various qualifications, both ordinary and ambiguous. This article will attempt to answer some of the more general questions about qualifying for worker’s compensation. It is not legal advice, it is only information with the purpose of exposing the reader to some of the basics on worker’s Compensation. For proper legal advice and a full understanding of your personal situation, it is best for you to consult a professional attorney.
Surprisingly, injury arising from horseplay at the workplace will often be covered by worker’s compensation. For example, say you work at a metal factory. You and a co-worker decide to go for a joyride in the company forklift- a direct violation of company rules. As he drives the forklift wildly around the factory, he accidentally runs over one of your feet. Although you were injured while breaking company policy, it is still possible to receive worker’s compensation from this incident.
Mental conditions that are caused by events at work may also get you coverage under worker’s compensation. Maybe your employer constantly assigns you to the most risky, stressful tasks, causing you high levels of stress or paranoia. Or, maybe your employer constantly yells at you, causing depression. The only problem with mental conditions getting worker’s compensation coverage is that it is often difficult to prove a connection between the mental condition and events on the job; and this is even after proving that you actually have a mental ailment.
If an accident in the workplace agitates a previous injury, it will be covered by worker’s compensation. Say you often had migraines after working for extended periods of time in the sun when you were younger. You warn your employer, but he sends you out to work in heat anyway. If you begin to have migraines, then you probably have sufficient grounds for a worker’s compensation claim.
It isn’t uncommon for a business to throw an occasional office party or maybe have an office outing. It also is not uncommon for injuries to occur at these events, being that alcohol is served at many of them. Maybe, at the party, a co-worker decides it’s a good idea to pop a bottle of wine. He is already drunk, and doesn’t point the cork towards the ceiling as he opens the bottle. Someone goes home with serious eye damage. Although it is not on the job, and although it is caused by a coworker, it is likely that this injury will be covered by workers’ compensation.
Loss of hearing
If your job place is noisy, hearing loss is something that could affect you. Incidences of hearing loss are, in most cases, covered by workers’ compensation.
If you take lunch break on your own away from the company, any injuries sustained will probably not be covered. However, an injury in the company cafeteria or an injury acquired on the way to pick up food for your boss may be covered.
Injuries acquired to and from work are unlikely to be covered by worker’s compensation. However, if you are traveling for the sake of the company, then there is a chance for a case. For example, a doctor who travels making house calls is traveling as an integral part of his job.
Personal Consultation about Worker’s Compensation
For personal consulting and information on a Worker’s Compensation issue you may have, choose Dorato & Weems. We are located at 118 Wellesley Dr. SE Albuquerque, NM 87106. You can also call 505-314-8880 for a free consultation.
Article by Derek Weems