Workers who are injured on the job, readers know, have the right to receive workers’ compensation for the injuries they suffer. While many employers honor their employees’ right to workers’ compensation, some do not always do so.
There are a variety of circumstances under state law where employees can legitimately be denied workers’ compensation benefits. These can include situations where the injury was technically not work-related, as well as situations where the employee was high or intoxicated, violated company policy or committed a crime. One of the things employees should be aware of is that employers, looking to control workers’ compensation costs, may attempt to oppose an injured employee’s workers’ compensation filing by arguing that one or another of these situations applies.
One of the more difficult disputes to sort out is whether or not an employee’s injuries were actually work-related, since the line between work-related and not work-related can be subtle. For an injured employee, making his or her case isn’t as easy as simply giving his or her side of the story. Obtaining entitlement to workers’ compensation benefits may also require nuanced arguments from case law regarding when an injury is and is not considered to be work-related, under the law.
Those who run into problems filing for workers’ compensation benefits should not assume that they are always able to go it alone. In some cases, it may be necessary to work with an attorney experienced in the field of workers’ compensation law to ensure one receives what is due to them under the law.
Source: Business Management Daily, “Know which ‘personal injuries qualify for workers’ comp,” Accessed Dec. 1, 2014.