What Qualifies A Workplace Injury For A Workers Compensation Claim?
Injuries can happen at the workplace when you least expect them, which is why workers' compensation exists. It is designed to protect employees and employers from the costs related to workplace injuries, and it is required for many businesses to have it. However, all injuries that happen at work do not automatically qualify for workers’ compensation. Here are some necessary factors that are needed to receive workers’ compensation.
You Must Be An Employee
Workers' compensation only applies to people that are employees of the business where the injury happened. It doesn't matter if you are a full-time or part-time employee, since all that matters is that you have employee status. Workers' compensation cannot be used if you are volunteering at the business or an independent contractor. That's why it's important to know how you are classified as an employee of the business that you work for.
You Must Have Been Performing Your Job
It's important that the injury took place while performing some aspect of your job. This means that you were on the clock and doing tasks that your employer had instructed you to do, which would be as simple as being in the building at the time. You would not be covered with workers' compensation if you were doing something outside the scope of your job. For example, if you were injured while picking up lunch during your lunch break since it is your choice to leave
Your Injury Must Be Unexpected And Sudden
The injuries that clearly qualify for workers' compensation are ones that happen unexpectedly and suddenly. That includes incidents like a slip and fall, an equipment malfunction, or things of that nature. While conditions like carpal tunnel syndrome sometimes qualify for workers' compensation, it is much harder to prove due to it not being an unexpected and sudden injury. You essentially must prove that the injury happened due to your job, and gradual wear and tear injuries on the body are harder to prove.
You Must Properly Report The Injury
Be aware that there is a legal process regarding workers' compensation where your employer must be notified about the injury within a specific amount of time. That's why it's a good idea to report the injury as early as possible, and make sure that you do it in writing. This is the best way to prove that you reported the injury in time so that it cannot be disputed later.
To learn more, contact a workers' compensation attorney in your area.