Deciding whether or not your injury/illness is work related sounds like an easy task. But this can actually be difficult to determine because there are several gray areas. You should consult with an attorney when determining whether or not you have a case. Below is a list of examples where workers’ compensation may or may not be provided because of the timing or significance of certain injuries.
Injuries or illnesses obtained during an employee’s lunch break are typically not covered by workers’ compensation. For example, if you were to get in a motor vehicle collision and experienced injuries on the way to lunch, you would most likely not be able to claim that as a workers’ comp. injury. But if you were picking up your boss’ lunch, you may be entitled to compensation.
When there is an office party, picnic, or baseball game they will usually cover employees if injuries are obtained during these events.
Injuries obtained when commuting to and from work may not be covered by workers’ compensation. But if an employee is traveling for a business trip, they are likely to be covered by workers’ comp. An employee using a company vehicle during their regular commute is also likely to receive workers’ comp. benefits. Traveling salesmen are usually covered by workers’ compensation insurance if they obtain an injury while driving.
If an employee is injured while breaking office rules, they will usually be covered by workers' compensation. Employees are not allowed to sue their employer for their injuries if they received them due to wrongdoing, but they can still receive workers' comp.
If an employee has a preexisting condition that their condition worsens due to their occupation, they may be entitled to workers’ compensation.
For people who work in noisy environments, hearing loss is typically covered under workers’ comp.
Job-related mental conditions are covered by workers’ compensation. For example, if an employee witnesses their co-worker suffering from a tragedy in the workplace, then they can seek the counseling from a psychiatrist under workers’ compensation. Depression is also covered by workers comp.
Diseases and Illnesses
Any diseases or illnesses an employee obtains at work will allow them to receive workers’ compensation. For instance, if black mold is found in the workplace, any illnesses an employee suffers due to black mold would be covered by workers’ comp.