When Can I Sue For Worker's Compensation?

After you have been injured at your workplace, you may remember that your employer provides you with a worker's compensation policy. But just because you have suffered an injury at your workplace, that doesn't mean that you will necessarily receive compensation. To be able to sue for worker's compensation, you will need to prove that your injury is the result of your work, and that it occurred during the course of your employment. Here are a few other things you should keep in mind if you are thinking about suing for worker's compensation. 

You Do Not Necessarily Have To Be At Work

You will be covered for injuries that you have suffered even if you are not at work when you are on official work business. For instance, if you are a computer repair technician traveling to a client's home to repair his or her computer, but you suffer an injury while on route, you would still receive compensation for your injury. However, if you are traveling to work to start your shift and sustain an injury, you will not receive compensation for your injury.

Some Jobs Aren't Covered

Depending on the type of work, you may not be covered under worker's compensation. If you a domestic worker, such as a housekeeper or a nanny, you will not receive compensation for injuries. Agricultural workers and undocumented workers are also not protected.

There Might Be State-Imposed Limitations

States can sometimes impose additional limits. For instance, you may be required to undergo a drug test after sustaining an injury. If you are found to be under the influence, you may not receive compensation.

You Must Not Violate Company Policy

If you are in violation of company policy and this violation leads to you being injured, you might not be compensated. Also, if there is a reason to believe that you injured yourself intentionally, you will not be compensated. For example, you cannot injure yourself simply to receive compensation and to have an excuse not to come to work.

You Might Need To Sue Your Employer

In some cases, you might need to sue your employer. For example, if your employer engaged in an action that is very reckless, this might give you a case.

If you are unsure of whether you will receive worker's compensation for your injury, the best solution is to meet with a worker's compensation attorney, such as McMullen & Ochs PLLC. You can then explain your situation to him or her and you will better be able to determine whether you will be able to receive worker's compensation.