You’ve been injured in the workplace, and you’re lucky in that your employer actually has worker’s compensation insurance. What you’re wondering now is whether or not your injury can be classed as work related. Most work related injuries take place in the workplace itself, but they can also happen in other locations, as long as the employee was performing an activity or service related to their job. In certain circumstances a work-related injury can even extend to a company social event or outing, but only those directly sponsored by the employer.
What we’re getting at here is that clearly identifying any injury as being work-related can be quite difficult depending on when and where the accident took place.
Here are the most common categories for work-related injuries:
Horseplay/Misconduct
Certain states will classify an injury as being work-related even if the employees willfully disregarded health and safety guidelines. So, although you were involved in an activity which was clearly in breach of a safety rule, you might still be eligible for worker’s compensation. Never assume you’ll automatically be entitled to worker’s comp if you break company rules, because each case is treated differently. Cases where the injury is found to be self-inflicted are usually dismissed.
Pre-existing Injuries
Most pre-existing medical conditions or injuries are covered under worker’s compensation, especially if your current job aggravated an existing injury in some way. The key difference with this type of injury is that you will probably only receive a payment for increased impairment, and not an additional payment for a “new” injury.
Lunch Breaks
This is a contentious issue, but most injuries suffered by an employee while they’re on lunch break are not covered by worker’s compensation. The only potential exceptions here are if you were injured in a company cafeteria or canteen, or if you were performing a work-related activity during your lunch break. Another exception would be if you were injured during a company sponsored social event, such as the staff Christmas party.
Hearing Loss
It’s a given that employees working in a noisy environment will eventually suffer from some level of hearing loss, even when adequate ear protection has been provided. This is almost always covered by worker’s comp.
Independent Contractors
Only actual employees can receive worker’s comp if they’re injured in the workplace. Undocumented workers were often treated like they were independent contractors, but many states are now changing their laws to allow undocumented workers to receive compensation if they’re injured while working for their employer.
Mental Conditions
If you can prove that your mental health issue was caused by trauma or stress suffered while in the workplace then you may be entitled to worker’s comp. The difficulty here is proving that your mental health condition actually exists, and that it is a direct result of the type of work you do.
Disease
Any disease or illness which is caused by your work will entitle you to worker’s compensation. Some employers will contest these claims, saying that the illness would have happened anyway, regardless of where you were working.
Always consult with an attorney if you need guidance in identifying the type of workplace injury you have, and whether or not it can be classed as work-related.