After a workplace injury, many workers assume that they will automatically receive workers’ compensation coverage for their injuries and losses. Unfortunately, all too often, workers may end up scrambling to get the treatment they really need. If you suffered injuries in a workplace accident, especially if you struggle to get workers’ compensation to acknowledge the extent of your injuries, discuss workers’ compensation claim eligibility in Oakwood with one of our workers’ compensation attorneys.
Workers’ compensation claim eligibility can prove complicated. In general, injured workers have the right to file a claim when they suffer injuries at work. This includes:
Even in cases where workers in Oakwood feel that they have clear eligibility for workers’ compensation, it can prove difficult to get coverage. When job duties are called into question or there are other difficulties, an injured worker should connect with a lawyer to discuss claim eligibility.
While workers in Oakwood are typically eligible to file a workers’ compensation claim when they suffer injuries at work, some types of injuries may not fall into those categories.
When a worker deliberately causes injury to themselves, often in an effort to receive workers’ compensation benefits, that worker may not have the right to receive wages or coverage for their medical bills through workers’ compensation.
When a worker suffers injury on their normal commute, including cases in which the injury occurs because of an auto accident, workers’ compensation typically does not apply. However, workers’ comp may apply when a worker travels as part of their job responsibilities, whether they are on a business trip or driving to and from different work locations.
When a worker is deliberately negligent or extremely foolish, particularly if they ignore stated safety precautions or workplace protocols, the worker may end up ineligible for workers’ compensation. Extreme worker negligence can create significant complications when applying for benefits and may lead to a complex fight regarding those benefits.
When a worker suffers injuries because of “horsing around”, including cases when multiple workers engaged in potentially dangerous behavior like wrestling or fighting, the injured worker may not receive coverage through workers’ compensation. Horsing around may also include dangerous, unintended use of equipment or risky behaviors around dangerous equipment, chemicals, or other hazards.
Our lawyers could help you navigate these challenges and defend against claims that you are not entitled to benefits.
Workers’ compensation claim eligibility in Oakwood can become more complicated than anticipated, especially in cases where the injured worker engaged in dangerous or negligent behavior. However, insurance companies may also attempt to deny coverage in cases where the injured worker obviously suffered their injuries because of their work duties, due to no negligence of their own. If you are struggling to determine whether you are eligible for workers’ compensation benefits or if you have had your workers’ comp benefits denied, a lawyer could provide you with more guidance and information about your rights. Reach out to Smith Hulsey Law to discuss your workplace injury and your next steps.
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