Does Workers’ Compensation Cover All Work Injuries?October 2, 2023
You may need Workers’ Compensation benefits if you have been injured on the job. Lost wage benefits can help replace some of the income that you lost. First, you need to demonstrate that you qualify for these benefits. To become eligible for Workers’ Compensation, you must show that you suffer from a work-related injury or illness.
The good news is that Workers’ Compensation would cover most work injuries. The injury must be within the course and scope of your employment. For example, if you work on a factory floor and hurt your back while lifting something, it would be a work-related injury. The same thing goes if you were injured by work machinery.
Work injuries that occur off-premises might be covered. If your job requires you to travel or work elsewhere, you would be covered if you were on the job when your injury occurred. This includes injuries you sustain on the way to or at the location itself. However, while Workers’ Compensation may cover offsite injuries, you may also be able to file a lawsuit against the third party who was responsible for your injuries. You would receive more compensation if you could prove that someone else was at fault for what happened.
Workers’ Compensation may also cover things other than traditional work injuries. Under the personal comfort doctrine, you could even receive compensation if you were injured on a break on work premises. Your employer benefits when you do not leave the premises on break time. The line may be drawn when you go elsewhere for a lunch break.
Workers’ Compensation coverage generally starts once you are on work premises. This may include a slip and fall accident in the work parking lot. However, you are not eligible for benefits when injured on the way to or from work.
Some Exclusions Could Keep You From Getting Benefits
Some injuries may be excluded from Workers’ Compensation coverage based on your actions. Although Workers’ Compensation is a no-fault system, things may change if your reckless or deliberate action causes injury. For instance, Workers’ Compensation may not cover your injuries if you were intoxicated or engaging in horseplay when you were hurt. Further, your benefits could be challenged if you deliberately chose not to wear the appropriate safety condition when hurt.
You May Need to Prove What You Were Doing at the Time of the Injury
While most claim denials happen because the insurance company does not believe you have been injured, some may occur due to the circumstances surrounding your injury. You may need factual evidence showing what you did when you were hurt and where the injury occurred. In other words, you may need to defend yourself as part of this claim. This evidence could be:
- Your testimony
- Statements from witnesses who saw the injury
- Pictures of the scene of the injury or video camera footage
You may need to present this evidence as part of your appeal after your claim has been denied.
Everything depends on the facts and circumstances of your injury. You may need to hire an experienced attorney to tell your side of the story, especially if your claim has been denied.
Contact Our Baltimore Workers’ Compensation Lawyers at LeViness, Tolzman & Hamilton if You Have a Serious Work Injury
If you have been injured on the job, contact our Baltimore Workers’ Compensation lawyers at LeViness, Tolzman & Hamilton today. We can provide legal advice and help you fight back if your claim has been denied. To schedule a free initial consultation, call us at 800-547-4LAW (4529) or contact us online.
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.