Work and Job-Related Injury Lawyers

Although it may seem obvious, the term “on the job injury” refers to an injury that a person suffers while working or on the job or performing their job tasks. Importantly, an on the job injury may occur at a person’s actual workplace or offsite, as long as the individual is performing a work related task when they were injured offsite.

For example, when a construction worker falls from a roof while performing construction work, then they will have been considered to have suffered an on the job injury, even though the injury occurred outside their place of employment. This is because their injury occurred while they were performing a job related task.

It is important to note there are a variety of injuries that may manifest from a person performing work related tasks. Although some employers may compensate employees for injuries that are not associated with the job description, most on the job injury claims will focus on injuries that are directly associated with an individual’s job description.

Examples of common on the job injuries include, but are not limited to:

• Repetitive stress injuries or a repetitive strain-type injury, such as carpal tunnel syndrome or tennis elbow;
• Respiratory illnesses, such as those resulting from inhaling toxic substances, including asbestos exposure;
• Any occupational disease, such as popcorn lung;
• Injuries resulting from being in a confined space for extended amounts of time; and/or
• Slip and fall injuries, such as the above example where the construction worker fell during a construction project.

In most cases, an employee who is injured while on the job is guaranteed benefits through the workers’ compensation program. This is true regardless of who was at fault for the on the job injury. In return, employees are generally forced to forfeit the right to sue their employer in court for damages for their injuries.

Further, as mentioned above, worker’s compensation may also cover off-site injuries that are sustained outside of the workplace. For example, offsite injuries resulting from a car accident which occurred during working hours may be covered.

It is important to note that this will largely depend on the nature of the employment contract between the worker and employer, as well as individual state laws. In general, if the offsite injury occurs while the worker is on the clock or is under the direction of their employer, it could be possible to file for workers’ compensation or hold the employer liable for those injuries.

What Is Not Considered an On the Job Injury?

Although there are numerous injuries that are considered to be on the job injuries, there are exceptions to what a court would consider to be an on the job injury. Common exceptions to what is considered to be an on the job injury, include:

• Injuries that occur during an employee’s normal commute to work or home from work are generally not considered to be work-related, and are not covered by workers’ compensation.
  • Importantly, if an individual’s commute involved a work related task, such as driving to pick up equipment, then the commute may be work related and considered an on the job injury;
• If an employee leaves their workplace or a worksite during a break, and they are injured on break, then that may not be considered to be an on the job injury;
• If an employee clocks out for the day, then their injuries will typically not be considered to be on the job injuries.
  • However, most states cover injuries that occur at the workplace even after an employee has clocked out for the day, such as injuries that occurred in a parking lot owned or controlled by the employer;
• Once again, if an individual is injured away from their workplace, their injury will only be considered an on the job injury if they were performing work related or directed activities; and/or
• If an employee had a preexisting condition then that is not considered to be an on the job injury.
  • However, if their condition worsened on the job, that is generally considered to be an on the job injury, as discussed above.

How Much Do I Get Paid for Injury on Duty?

As far as how much an individual will get paid for an injury that occurred while they were on duty, that will depend on whether or not their employer is subscribed to the workers’ compensation program, as well as the specific nature of their injury.

In general, if an individual is injured on the job, then they will receive workers’ compensation benefits. Workers compensation benefits generally include the following benefits:

• Replacement income, which is income that is generally equivalent to the income that the individual would have received if they were able to work;
• Medical expenses, which will cover the worker’s hospital bills and costs related to treating their injury;
• Rehabilitation, which will cover the person’s costs to return them to the state they were in prior to the injury occurring;
• Long-term or a lump sum pension, if the employee is permanently unable to work due to their injury; and/or
• Temporary disability pension, which will provide money for the period of time in which the person is unable to return to work.

As such, there are many factors that will impact a person’s payments after they are injured. For worker’s compensation programs, the person will generally receive funds that are equal to the funds they would have received prior to their injury. For instance, if the person made $5,000 monthly, then they may receive replacement income that is equal to $5,000 monthly until a doctor deems them healthy enough to return to work.

Importantly, in order to get the workers’ compensation process started, an employee will first need to report to their human resources department. The HR department will then file the workers’ compensation claim on behalf of the employee so they can recover for their injuries.

However, if an employer does not have workers’ compensation, then the employee may initiate an injury claim with their local Equal Employment Opportunity Commission (“EEOC”) office. If the EEOC is unable to fully resolve the employee’s injury claim, they will then give the employee permission to privately sue the employer.

What If My Employer Denies That I Was Injured?

If your employer denies that you were injured on the job, it is important to continue to seek medical care and to document everything regarding the incident that led to your damages. For instance, you should request a copy of any incident or accident report that may have been created as a result of your injury, as well as write down every detail regarding your injury.

Importantly, you can still file a claim with your state’s workers’ compensation board, regardless of whether or not your employer is disputing your claim. The board will then investigate your claim and make a determination of whether or not it qualifies.

Finally, you may also seek to hire an attorney. An attorney can help you gather all of the necessary evidence needed to support your claim, and advise you of your best course of legal action moving forward.

Should I Contact a Lawyer for Assistance with an On the Job Injury?

If you were injured on the job, it is in your best interests to consult with an experienced workers’ compensation attorney. An experienced attorney will know your state’s laws regarding on the job injuries, as well as workers’ compensation laws.

An attorney will be able to advise you of your best course of legal action, and will assist you in the process of resolving your on the job injury issues. Additionally, an attorney will also be able to ensure that you follow the proper procedures regarding initiating a workplace lawsuit. Finally, an attorney can also represent you in court, as needed.