Knowing when you have a workers compensation case on your hands can be a bit fuzzy. This is because there are certain situations in which you cannot file a workers compensation claim even though you are technically working. Here are four situations in which you probably have a workers compensation claim on your hands:
- You Were Injured During Your Lunch Break: Filing a workers compensation claim for an injury you suffered while on your lunch break is hazy. This is because if you have left your work's office and started walking or driving to go get lunch and were injured, then you probably cannot file a claim for workers compensation. However, if your boss has asked you to leave the premises to pick up lunch for them, as well, then you might have a workers compensation claim on your hands if you were injured during this time. You will also be able to file for workers compensation if you were injured while on your lunch break in the cafeteria at work.
- You Were Injured at a Company Party: Company parties need to be made safe by your employer. If you are injured during the event, then you probably have a workers compensation claim on your hands even if you were drinking. This is because the company event is the responsibility of the employer, which includes the responsibility of whether or not alcohol should be served and if the amount served should be limited.
- You Were Injured Traveling for Work: Going on a business trip and sustaining an injury is usually always covered by workers compensation. However, if you are injured during your commute to work, then you probably won't be able to file a claim unless you were driving the company car. You are also covered while traveling if you are a traveling salesperson meeting with clients and are injured.
- You Were Injured Due to Your Own Fault: Regardless, if you are at work and you are injured, you have a workers compensation claim on your hands most likely even if you were injured due to your own fault admittedly. However, do not admit your fault because this can potentially be held against you. Just be aware that you can still receive workers compensation for your injury in these situations.
When you know these four situations in which you probably have a workers compensation case, you can be sure that you do not avoid filing just because you aren't sure.