If some worker suffered the job-related injury, then the employer may be accountable for lost wages and other accommodations. Most employers are obliged to carry insurance of worker compensation law under the state laws, which pays the portion of the regular wages of the employee while he/she is improving from the illness or injury related to work. However, railroad workers and independent workers are not covered under the laws of workers’ compensation.
In some cases, workers can sue their employers for the injuries in the court as a result of violating the safety regulations willfully. Such as, failure to bring the requisite money of workers’ compensation insurance, extreme negligence cases, and many other limited cases.
Is the Injury Truly Work-Related?
A worker has to make sure before filing workers’ compensation claim or seeking other reliefs provided by the employer that the injury is truly work-related or not. Which means that the injury happened while doing the job duties or performing the task on employer’s behalf. This includes picnics, social events, or company parties sponsored by the employer but not necessarily owned by the company property. In addition to that, the employer policy of workers’ compensation may cover the work-related injuries even if the worker ignored the safety rules of the workplace. State laws, and courts within few states, as well are divided on the issue.
- To determine whether the injury is work-related or not, below considerations are taken into account for claiming the workers’ compensation or taking other actions:
- Injury or accident happened during the lunch break is not usually considered as a work-related injury, unless in case if the employer involved or it occurred in the company cafeteria.
- Even if the injury is due to alcohol, it can still be a job-related injury if it happened during the sponsored work event.
- A pre-existed condition that gets worse on duty is considered usually as a work-related injury.
- Like physical injuries mental conditions are treated same as them if it continues as result of duty or on-duty.
Workers’ Compensation Coverage
In the majority of states, it is required by the employer to carry the workers’ compensation insurance, but only those workers are covered who are classified employees (not in case of independent worker). With respect to each state law, a certain type of employees is not covered by the workers’ compensation requirements such as:
- Domestic workers (nannies, housekeeper, babysitters)
- Seasonal workers
- Agricultural workers
- Undocumented workers
One has to be eligible for filing the claim and to get benefits (which is usually two-thirds of the regular salary) but is not entitled to take action against the employer for same injuries in a court. But, if the employer fails to give the coverage mandated by the state law, then the employer is subjected to lawsuits, criminal charges, or fines.
Injuries and illnesses related to the job are can take months and even years to show the indications, whereas it is not always easy to determine whether the injury is work-related or not. Zrawa Law Group provides workers’ compensation attorney Chino Hills to review the work-related injury cases and give the best consultations about the case.