Worker’s compensation is not dependent upon who’s fault the injury resulted. However, there are legal penalties for those that attempt to claim false injury or misrepresent themselves on official filings. Any injures that are incurred while in service of an employer are subject to consideration. Injuries do not have to take place at the physical work place if the work is carried out remotely.

This also includes work-related functions where work is not necessarily being performed. Examples include company retreats, office parties, business trips, etc. Injuries occurring during an employee’s lunch break may be covered if it occurs in a company owned cafeteria or similar setting. These claims can be denied, however, if it can be determined that the employee was working in an unsafe manner of his or her own volition or was otherwise impaired from alcohol or drug use.

One thing to keep in mind is the statute of limitations. There is a deadline that worker’s compensations claims must be filed by in relation to the date of the injury in question. For some states, like Ohio, the employee is allowed two years from the time of the work-related injury to file. Other states, such as Nevada, have a much smaller window, allowing only ninety days to pass.

Because these dates vary by state to state, it is important that you check with your state’s policy or consult a professional.

Work-related injuries that merit worker’s compensation benefits do not have to occur on the job site. However, the commute to and from work is often not covered by most worker’s compensation plans. There are exceptions to this rule if the commute was from one work-related site to another or if it was in service of transportation of work-related materials. Injuries incurred by employees while performing their duties in work vehicles like pilots and mass-transit drivers are typically exempt from the Going and Coming Rule.

Because there are several variables involved in determining what falls under the Going and Coming Rule it is suggested you consult with a professional like the lawyers and Mark Ziccarelli Law to better understand your rights.

For the most part, worker’s compensation coverage is not determined through the type of work performed or its level of difficulty. Some states, like Idaho and Wyoming, have restrictions placed on undocumented workers. Conversely, California, Arizona, and Texas specifically include undocumented workers under the purview of their state’s worker’s compensation. Depending on the state, other potential filing restrictions may include certain agricultural and seasonal workers, domestic workers such as nannies and housekeepers.

If you are unsure if you qualify to receive compensation following a work-related injury be sure to keep up-to-date and accurate medical records of your injury diagnosis and consult a professional who can help determine you best course of action.

Despite the fact that you think there may be factors disqualifying your claim or you’re unsure of an outcome, there will likely be additional benefits you’re unaware of. Even if you think you have a “minor” injury, claim are definitely worth filing.

No matter how strong of a bond you think you have with your employer, that doesn’t necessarily mean they will look out for you after an injury occurs. The best route to take is to have an experience legal partner who can help navigate the situation and ensure your interest as the top priority.

This depend on the situation. There some cases in which an independent contractor is eligible for workers’ compensation. It helps to have a good attorney when deciding in these situations.

If at first your claim is denied, you have the right to file and appeal and have your case re-examined in another hearing in front of the industrial commission.

Given the approval of your claim, emergency room visits and emergency response services are both covered benefits of a workers’ compensation claim.