If an employee is injured on the job, they are typically eligible to recover workers compensation benefits for medical expenses, pain and suffering, lost wages, and property damage from the accident, but it often begs the question, “can I receive workers compensation if I am injured while not at work?” Most of the time, the answer to this question is no, but there are a few exceptions. There is a fine line between what is and isn’t accepted for worker's compensation claims, but with an experienced Workers Compensation Lawyer by your side, your eligibility can quickly be determined, and a compelling workers compensation claim can be brought to recover compensation for your harm and losses.
Eligibility for Workers Compensation
Under Federal Law, employers, regardless of industry, are required to provide a hazard-free workplace for employees. If an employee is injured or killed while on the clock, whether on-site or off, and acting as an official representative of the company, the employee or their surviving family members are eligible to recover worker's compensation benefits. If the accident happened on-location at the employee’s place of employment, an employer is legally required to provide the injured employee with a worker's compensation claim form and report the accident to the Department of Labor.
However, if the employer doesn’t provide the injured employee with the necessary worker's compensation forms, or refuses to give the employee a form, the employee can directly file a claim against their employer by filing a claim with OSHA. Unfortunately, most worker's compensation claims are denied, but with the help of an experienced Workers Compensation Lawyer, victims can request an appeal and resubmit a worker's compensation claim.
Most Common Workers Compensation Accidents Outside of Work
If you are injured while not at work, it can be challenging to determine if you are eligible to recover worker's compensation benefits. If the accident happened while you were acting as an official employee off-location, or you were off the clock, but your actions were beneficial to your employer (traveling for business, running errands for your boss), you are eligible to recover compensation for your harm and losses. With such a fine line between what situations are eligible to recover worker's compensation, and which ones aren’t, it’s crucial to hire an experienced lawyer to represent your case that understands your state’s worker's compensation laws to a tee.
In addition to traveling for work, some of the more common types of valid workers compensation claims that happen outside of work include injuries that occur when:
- Traveling between two work locations
- Taking a work call in your car, or the parking lot
- Working from home
- Training for your job off-location
- Participating in a mandatory team-building outing or other off-location work events
Consult a Workers Compensation Lawyer About Your Case Today
In 2017, approximately $45,047,380 was awarded for workers compensation accidents in the U.S. While most of these accidents happened on-location at work, some of these accidents occurred while employees weren’t at work. Proving that an accident that occurred while not at work is eligible for worker's compensation benefits is challenging, but can be done with the help of an experienced Workers Compensation Lawyer.
An experienced lawyer can make sure that your accident is within the scope of worker's compensation claims, there is substantial evidence to support your claim, and that you have the strongest case possible. If you or someone you love has been injured or killed while not at work, but you are curious whether it qualifies to receive workers compensation, don’t hesitate to call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation with our experienced Workers Compensation Lawyers.