Employees who are injured on the job have the right to submit a workers’ compensation claim if they can prove their injury is connected to their job. But, exactly, what does “work-related” imply? An injury must “arise out of employment” and occur “in the course of employment,” according to the courts. Each of these considerations must be considered independently.
Keep reading to learn more and contact DLC Law at (626) 285-8815 if you require a free legal consultation with an experienced workers compensation and employment law attorney.
Injuries tied to job activity
The most obvious types of work-associated injuries are those that are directly tied to a job activity. The man would not have fallen from the scaffold if it hadn’t been for his employment as a roofer. If you are injured while taking a risk that you would not have taken if you were not employed, the injury is considered work-related. It’s probably not work-related if you get wounded doing something you’d do regardless.
Work that benefits your employer
Another consideration for the courts is whether the behavior benefited your employer. This doesn’t only apply to jobs that generate goods or provide services. If you have your lunch in a corporate commissary, the court can see it as a benefit to your employer. Because you are still on-site, you are unlikely to be late returning to your workstation. So, even if you’re not working, a slip-and-fall accident in the corporate cafeteria might be considered work-related.
The difference in coverage for employees and contractors
There are several factors to consider when determining whether your accident happened while you were working. Employees, for example, are protected, while contractors are not. Even though your employer refers to you as a contractor, you may be considered an employee if your job is closely supervised and you work exclusively for that firm.
Injuries during commuting
When an employee gets wounded while commuting to or from work, disputes can emerge. Employees that travel as part of their work description, such as traveling salespeople, are normally covered, while commuter injuries are not. A salesman who takes a long detour on a personal errand, on the other hand, may not be protected in the event of a vehicle accident, although a commuter who stops to pick something up for the workplace may be.
If you’re unsure if your injury was caused by your job, speak with an expert workers’ compensation attorney. To book a free consultation call DLC Law at (626) 285-8815 or contact us online.