Figuring out what workers compensation covers and does not cover can be difficult to understand. The requirements for it to cover you if you are injured are very strict but in most states, the law requires workers compensation insurance to be available for a wide range of injuries.
Duties Performed Outside the Scope of Employment
One of the rules associated with receiving workers compensation is that you have to have been injured in your area of employment. This is much more complicated than it sounds. A lot of things that most employees do on the job are not in their details of employment, and the injury you experienced has to have been sustained during something that is listed in your job description. You will not be covered if you get into an accident on your way home from work or on a break. You will also not be covered if you are doing leisurely things instead of your job while working. Consulting with an experienced attorney such as the employment lawyer Virginia locals trust.
Extent of Injuries
Something that worker’s compensation looks at is how badly you were injured. If you received a small bruise or cut, and a first aid kit fixed it, you will not be compensated. Serious injuries that cannot be fixed on the spot will be covered, depending on the level of severity.
How Did You Get Hurt?
The situation in which you got hurt heavily influences the amount of compensation you will receive. If you were not following workplace safety regulations or paying attention to the equipment you were using, you will not be covered. If you were intoxicated at the time of your injury, and your intoxication was directly related to how you were injured, it is very likely you will not be eligible for workers compensation. This is also true if you were under the influence of drugs.
Accidents in your workplace can also harm customers or coworkers. If you are in a car accident on your way from your office to a job site and your accident includes a third-party who is also injured, workers compensation will not cover the third-party’s damages. If you were driving your own vehicle but during company business, consult a car accident lawyer to protect you right away. Under many circumstances, the injured third party will likely go after you for compensation. Make sure you are protected before this occurs.
A special thanks to our authors at Martin Wren for their insight into Workers Compensation Law.