On the Job Injury: Who Is Responsible? | PersonalInjuryLawyer.com

More than four million people suffer an on the job injury every single year. Under a normal personal liability or premises liability system, that could mean millions of lawsuits against employers every single year, particularly those that are more prone to employee injuries, such as construction jobs. However, if injuries were minor, the costs for such suits were prohibitive. In exchange for guaranteed, but limited, coverage, employees gave up the right to sue their employers.

The “Compensation Bargain”

The tradeoff of receiving these guaranteed benefits and losing the right to sue their employer causes employees to lose the right to obtain compensation for pain and suffering, mental anguish, punitive damages, and more. These laws vary by state, but the vast majority of employers are required to carry this type of insurance. Those who are not required to do so are few, including those who employ

Fewer than three employees

Domestic workers

Farm workers

Independent contractors

Loaned or leased workers

Seasonal workers

Undocumented workers (in some states)

As a result, injured employees are eligible to apply for compensation for such needs as:

Medical costs

Rehabilitation expenses

Disability benefits

Death benefits

Partial wages while out of work

Covered Injuries

Most injuries that occur on company property or in the process of company activities are covered by workers compensation. Generally, those injuries must occur:

On company property

While traveling to another work location, especially using a company car (a worker’s commute to their regular workplace is generally not covered)

Only during lunch breaks in a company cafeteria or while picking up lunch for an employer. Normal lunch breaks out of the office or picking up lunch for other employees is generally not covered.

Company events, such as picnics, parties, baseball games, etc.

Pre-existing conditions that were dormant but re-aggravated due to a work activity

Mental conditions due to a work situation (for example, witnessing the death of a fellow employee)

Illnesses or diseases contracted as a result of job-related exposure (though catching cold because a fellow employee came to work with it is not covered)

Getting Legal Help with On the Job Injuries

While many on the job injuries are clear cut and compensation is simple to obtain, there are a number of situations that may result in conflicts over coverage. When this happens, an employee may be required to consult a worker’s compensation attorney. While any attorney has some understanding of these laws, those specifically trained and experienced in this field can find the best possible arguments to use in winning the appropriate compensation for their injured client.

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