The first and the foremost criteria for claiming workers compensation is, the employee should be able to prove or show that the illness or injury is caused at the workplace.
What it means is, you should be able to show that, the reason for your physical or mental health setback was caused while you were serving your employers. Only then you become eligible for a receiving workers compensation payments every week.
Also, there are some cases which fall outside the scopes of workers compensation, but you can still sue your company under different categories of law.
If you sustain any injuries during any of the company sponsored events like the baseball games, picnics, parties, etc, then you will still be eligible to claim for the compensation from your company.
If you happen to get some injury or illness during your lunch break, and if you are not inside the office premises or at the office cafeteria, then you might not be eligible to receive the compensation payments. However, if you get injured while running some errand for your boss during your lunch hour, then you will still be able to claim the compensations.
Generally, you might not be eligible to claim for the injuries or illnesses that you might have got while doing your daily commute, to and from your office, unless you are communing on a company vehicle. Also, you stand to get compensations when you are travelling on company job. like on your sales calls, or client meetings outside your company’s premises.
You can get injured during a act of misconduct, or if your actions go against the company policies. Here, your chances of getting reimbursements will be very less. The case will also depend on the severity of misconduct. You could face more trouble if your act falls inside the preview of criminal laws. Also, there are some provisions for exceptions to these laws.
If you are working in the environment which is very noisy, then the workers compensation will also cover any kind of hearing impediments that you might sustained during your working tenures.
There are different kinds of mental conditions that are caused due to workplace stress, or even due to the trauma that you might have suffered because of workplace injury. These cases can be covered under the compensation laws. However, you will need to produce proper medical reports showing symptoms of depression at your workplace.
Workers compensation benefits also extend to diseases and illnesses that you might have got from your workplace. These types of illnesses can range from lung diseases due to inhaling pollutants, metal, dust, etc, or even the diseases that are caused due to extended asbestos exposures.
Please be reminded the above mentioned factors will also have exceptions to the rules. If you are looking for more clarity about your eligibility for claming workers compensation, please feel free to contact our attorneys by visiting our website.