Have you recently been injured or struck with illness as a result of your work? If so, it is important that you file for worker’s compensation as soon as you can. Your promptness adds legitimacy to the claim when insurance companies review it. Before you even file a claim, notify your employer of the date, time and injury sustained.
Not all injuries that are “work-related” make you eligible for workers’ compensation. Ask yourself this: Did the injury or illness occur while doing something that would directly benefit my employer? Here is a list of a few situations that are in the grey area of workers’ compensation:
1. Lunch Breaks: If the incident occurs during your lunch break, then you are usually not eligible for compensation. For instance, if you trip and sprain your ankle while on your way to the cafe, your employer is not liable. However, if you sprain your ankle while picking up your employer’s lunch, or if the injury occurs in the company’s cafeteria, then you may be eligible for workers’ compensation.
2. Travel: If your injury is sustained during your commute to or from work, workers’ compensation probably won’t cover it. However, if you are a traveling salesman with no work site and get into an accident during work related trip, there is a good chance your injuries will be covered. This also applied to an accident that takes place in a companies vehicle.
3. Misconduct: If you are injured in the midst of breaking company policy, then workers’ compensation may not apply to your case. It depends on how serious your offense is.
To access the New York State Workers’ Compensation Board click here.
If you are injured and unsure if you would be eligible for workers’ compensation, contact the law offices of E. Stewart Jones Hacker Murphy for a free, no-obligation consultation. Our attorney’s are seasoned in handling worker’s compensation claims, and can meet you at any of the four regional offices located in Albany, Troy, Latham and Saratoga Springs, NY.