Is Your Injury Covered by Workers’ Compensation?September 19, 2018
In most cases, an employee who has been injured while on the job will be eligible to collect Workers’ Compensation benefits. However, things can get a little tricky if it is not entirely clear whether the injury happened during the course of employment (COE), or arising out of employment (AOE).
There are a number of scenarios where it may not be entirely clear whether the employees were engaged in work-related activities when the injury occurred. An experienced Workers’ Compensation lawyer can address all your questions and concerns, and discuss the benefits that you are entitled to receive based on the circumstances of your injury.
Injured During Lunch Break
If you were injured during your lunch break, and you were having lunch on the company’s premises, your injury will likely be covered by Workers’ Compensation, unless you were doing something that violated company policy when the injury occurred.
However, if you went out to a restaurant or to a park, and you were injured while off company property, it is unlikely that you will be able to collect Workers’ Compensation benefits.
Injuries Sustained During Company Events
Companies often sponsor events for employees, including holiday parties, picnics, and sporting events. Oftentimes, these events are meant to boost employee morale or recognize specific accomplishments.
If an employee is injured at one of these events, he or she will likely be covered by Workers’ Compensation, since it is sponsored by the employer. One exception would be if the employee is not expected to participate in the event.
Generally, injuries sustained while traveling to or from work are not covered by Workers’ Compensation. However, there are exceptions, including the following scenarios:
- Driving a company vehicle
- Employee is required to use personal vehicle for business purposes
- Running errands for an employer
- Traveling on a business trip
- Employee does not have a fixed worksite, and spends most of the workday out meeting clients or other customers
Injury Caused by Misconduct
Even if an injury occurred while an employee was violating a workplace safety rule, he or she may still be able to collect Workers’ Compensation benefits.
However, the following exceptions prohibit the employee from being able to collect benefits:
- Employee was intoxicated or on drugs
- Employee attempted to cause harm to themselves or another employee
- The injury involved a serious crime
- The injury resulted from irresponsible behavior or horseplay
- The employee intentionally broke a workplace rule
Cumulative Conditions or Illnesses
Injuries like repetitive strains, psychological illnesses, or pre-existing injuries that have been aggravated at work are often covered by Workers’ Compensation, as long as it can be proven that the injury is work-related.
Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton Represent Victims of All Types of Workplace Injuries
If you have been injured on the job, and you are not sure if the injury is considered work-related, you are urged to contact the Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton. We are on your side and will thoroughly explain the benefits you are entitled to, based on the circumstances of your injury. Our skilled and experienced team will secure the maximum financial compensation you deserve. To schedule a free consultation, call us today at 844-556-4LAW (4529) or contact us online.