Determining Fault In An Accident

Whether You Were "On The Job" Can Affect Your Eligibility For Workers' Compensation Benefits

Imagine you are injured while at work. You are typically entitled to compensation for your injuries. However, one issue might arise if your employer argues that you were not actually "on the job." to be eligible, you must be engaged in work-related activities. In this situation, speaking with a workers' compensation attorney about what you should do next is essential. 

When a Worker is "On the Job"

A worker is typically considered "on the job" and eligible for workers' compensation benefits after an injury if the injury occurred while the worker was performing their job duties or if the injury was by conditions or hazards inherent to the job, including injuries that appear on the employer's premises, as well as injuries that occur off-site while the worker is performing work-related duties.

Complications That Can Affect Your Claim

In most cases, you are considered on the job as soon as you arrive at your place of employment. You may receive workers' compensation benefits if you are injured while walking through the parking lot or entering the building.

However, there are some exceptions to this rule. For example, you are generally not eligible for workers' compensation benefits if you are injured while commuting to or from work. Additionally, if you are on a break or lunch and are injured while off the worksite, you may not be eligible for benefits. However, if you leave work to carry out a task for your employer, you might be entitled to compensation for your injuries.

What to Do After the Accident

If you suffer an injury, you must report it to your employer immediately. Failure to report an injury promptly could result in a delay or denial of benefits. However, your employer might be uncooperative because they do not believe you were injured or want to avoid filing the claim and have their workers' compensation insurance bill increase.

Keep detailed records of your injury, including any medical bills, receipts, and notes from your doctor. Notify your employer in writing of your claim, including the date and details of your injury. Then, your worker's compensation attorney will assist you in determining what your next steps should be.

For example, you might contact your state's workers' compensation board or department for assistance. If your employer still needs to take your claim seriously, file a complaint with your state's labor department. You can still move forward with your claim regardless of what your employer does to pursue total compensation for your injuries.

Reach out to a local workers' compensation lawyer to learn more.