Employee Liability For Personal Injury | PersonalInjuryLawyer.com

Every state has laws requiring nearly all employers to carry worker’s compensation insurance, covering all injuries except those that fall under employee liability. The regulations vary by state, but most states mandate that any injury occurring in the workplace or while doing required work for their employer be covered by this insurance. There are, however, some types of occupations and some injuries that are not covered by worker’s compensation.

Employer Responsibility

There are a vast number of work-related injuries that are covered under worker’s compensation insurance. They generally include:

Workers at companies with more than two or three employees

Injuries that occur in the workplace or while fulfilling employer-required activities, including traveling to an alternate workplace or taking business trips

Injuries that occur in an on-site employee cafeteria or while picking up lunch for the employer

Illnesses that would not have struck an employee if they were not working in that company

Company parties, picnics, or sporting competitions

Injuries that occur while the employee is “off the clock”

Even injuries that occur while an employee is participating in activities that are against safety regulations or company policy

Employee Responsibility

On the other hand, there are injuries or occupations that are not covered by worker’s compensation insurance. They are generally clearly spelled out in worker’s compensation information or posted on site when applicable. They include:

Self-inflicted injuries

Injuries that occur during an off-site lunch break

Injuries that occur during an employee’s regular commute to or from work

Illnesses that would have struck an employee regardless of where they worked

Employee planned and sponsored parties, picnics, or sporting events

Injuries to contract workers or freelancers

Injuries to farm or agricultural workers

Injuries to domestic workers

Injuries to seasonal workers

Injuries to undocumented workers (in most states)

Injuries that occur when and employee is drunk or on drugs

Injuries that occur when the employee is committing a crime

In some instances when a co-worker intentionally injures an employee

Getting Legal Help with Employee Liability for On the Job Injuries

Most on the job injuries are clear-cut and receive prompt and appropriate coverage by the employer’s insurance company. There are some instances when the employee is responsible for their own injuries and cannot receive worker’s compensation. In still other instances, the definition of employee liability comes under dispute. In such cases, the employee should call on a skilled worker’s compensation lawyer to help them determine if they have a case and to find evidence to prove it. This type of representation can be essential to an employee obtaining the appropriate compensation for their injuries.

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