Despite what you may have heard, obtaining workers’ compensation is not always easy task.
Frequently, workers will sustain an injury and believe that they are automatically eligible for workers’ compensation benefits. Unfortunately, this is not always the case. In fact, a significant number of claims stand no chance of being accepted. One of the top reasons why this happens is the claim not meeting the requirements listed below.
Your Injury Happened at Work (or as a result of your work)
One provision that many workers are not familiar with is that to obtain workers’ compensation benefits, your injury needs to have happened at work or as a result of your employment. This means that if you sustain your damages outside of work, you are not eligible for benefits under normal circumstances. The most common example of this is when a worker gets into a car accident during their commute. Because they were not at work, nor were they on the clock, they cannot obtain workers’ compensation for their damages.
You Were Sober at the Time
To receive benefits for your injury, you need to prove that your damages were the result of regular work activities. This will include any functions you carry out for your job, as well as anything your employer asks you to do. What it does not include is you being grossly negligent. An example of this behavior is working while intoxicated. If you are injured while under the influence, there is a high probability that you will be caught. When you are, you will likely not be eligible for benefits.
You Were Not Engaging in Horseplay
As we explained above, acting in an extremely careless way can disqualify you from receiving compensation. Being under the influence is not the only example of this behavior, though. Another is engaging in horseplay. If you are not taking your work seriously, and instead are wrestling around with coworkers, you are putting yourself at risk. If you are injured during this horseplay, you may not meet the requirements for compensation.
You Promptly Reported the Injury
Even if you do not fall into any of the three traps listed above, you could still miss out on benefits. The reason is that you may not report your injury in time. The way to bypass this mistake is reporting your injury immediately after sustaining it.
You Saw a Company Doctor
Once you report your injury, you will need to see a company doctor. What this does is give you a diagnosis of your damages and helps you determine how much compensation you should pursue. This step is essential, so if you skip it, your case will suffer.
Despite what you may have heard, obtaining workers’ compensation is not always easy task. Instead, it is often a difficult process where a lot can go wrong. One thing that often happens is that an injury does not meet the minimal requirements for making a claim. The 5 most common of them are listed above. If you have any further questions about your eligibility, you should consult with an experienced workers compensation lawyer.
