If you have sustained a workplace injury or suffer an illness related to your work, you may be eligible for workers’ compensation benefits. Each state has its own workers’ comp laws, and employees often have questions about their eligibility and what it covers. Here are the answers to a few questions you may have if you have been injured on the job.
Are all injuries covered if they are sustained at work?
The short answer to this question is that most, but not all, injuries are covered. If you are intoxicated at the time of the injury, it is unlikely that it will be covered. Other instances coverage may be denied involves conduct that violates company policy, injuries that happen off the clock, injuries sustained in a fight, during the commission of a crime, or that are self-inflicted.
Is every employee covered by workers’ comp?
Not every worker is eligible for workers’ compensation benefits. Employers’ responsibility to provide this coverage is usually dependent upon the number of workers they employ, and the type of work involved. Oftentimes seasonal workers, domestic employees, and farm workers are excluded.
Does an injury have to happen in the workplace to qualify?
If your injury is work-related, it doesn’t necessarily have to occur at the place of employment. If you are attending a company function or get injured while running an errand for work or on a business trip, you will likely be covered.
Does a workers’ comp injury have to be sustained in an accident?
Repetitive stress injuries that result from the work you do can be covered by workers’ compensation in many cases, as can illnesses that result from conditions in the workplace, such as infectious illness, lung disease, and heart problems.
Can employers be sued for an injury sustained at work?
In most cases, employees can only receive the benefits that are covered by workers’ compensation. Generally, employers cannot be sued for things like mental distress or pain and suffering. There are rare circumstances where you can sue an employer, such as situations where they don’t have workers’ comp, or they intentionally hurt you.
When you are suffering injuries that occurred at your workplace, you may be entitled to workers’ compensation. The experienced attorneys at Shlesinger & deVilleneuve are here to offer help to Oregon residents with any questions you may have and offer assistance with filing and protecting your rights.