Workplace Accidents

When you are hurt on the job, you should immediately notify your supervisor and get medical treatment. Workers’ compensation pays for emergency room visits as well as all reasonable and necessary medical treatment for a work-related injury. You must file a workers’ compensation claim within a reasonable time after your injury.

Workers’ compensation is a no-fault insurance program: you do not have to prove anyone was negligent to get coverage, and you are covered even if your own negligence caused the injury. However, employers and insurers often attempt to deny coverage on various grounds, such as:

• Alleging the injury was not work-related — Injuries must occur “in the course of employment” and “arise out of employment.” In other words, you have to be injured while you are engaged in some activity that benefits your employer. You could also be disqualified if you were engaged in horseplay, were intoxicated, or intentionally harmed yourself.
• Alleging the worker is not eligible for workers’ comp — Worker’s comp is for employees; if you are an independent contractor, you are not covered. However, employers often misclassify workers to avoid coverage, so even if your boss says you’re a contractor, you might qualify as an employee based on your job description.

If you encounter problems with your claim, you should retain an experienced workers’ comp attorney as quickly as possible. Remember, it is your legal right to file a claim. An employer cannot punish you in any way, let alone fire you, for asserting your rights.