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Are You Sure Your Injury Is Work-Related?

by Jamie Nichols

When you get injured on the job, you should be covered by your company's workers' compensation policy. Before they provide this benefit, they need to ensure your injuries were actually caused by a work-related task. It doesn't necessarily need to occur while on the business's property, but it must still be work-related. Here are some ways to determine if it was work-related or not.

Did the injury occur off company property?

In general, injuries that occur on property are covered, while injuries occurring off business property are often not covered. There are of course many exceptions to this. One exception is if you were off property, but at a work function. You might not have been actually working, but if it was a work event, such as a convention or holiday party you were required to attend, you might still have some benefits from your workers' compensation policy.

Were you on break when it occurred?

This is another situation where if you were injured while on a lunch break, you need to look at the different rules of a workers' compensation policy. If you were in the break room and eating lunch, then slipped, you are covered by the policy since it was at your place of business. However, if you were off company property and eating lunch, you most likely will not be covered, even though it was during a work day. However, if your boss asked you to pick up their lunch and you slipped in the restaurant, that might be considered a work-related event since your boss asked you to get their lunch.

Were you traveling for business?

If you got the injury when you were traveling for business, your injuries should be covered. Even though you weren't on your business's property at the time, you were doing business-related tasks on a required trip, so that still means it is a work-related injury. On the other hand, getting into a car accident during your commute to and from work is not work-related since you were not on the clock. In this case, your injuries are most likely not covered.

Was misconduct involved?

Whether the injury occurred on your business property or not, if misconduct on your part was involved, workers' comp will most likely deny coverage. Misconduct means you were at fault for the injury, such as from being under the influence of drugs or alcohol in the workplace, or not following rules you were fully aware of due to your misconduct.

If you believe that your injury should be covered but the company is digging in its heels, contact a lawyer from an office like Freedman, Wagner, Tabakman & Weiss.