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Overview of workers' compensation
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Workers, not a Village People tribute chorus
As I mentioned last week, this week is the last one that I am writing this column. Before closing up shop, I wanted to offer some information about workers' compensation. Aside from landlord-tenant law, this is the area about which I have written the most.
The very simplified essence of the workers' compensation system, which differs to varying degrees in all 50 states and the District of Columbia, is that an employee who sustains a work-related injury waives the right to sue his or her employer regarding that harm in exchange for having the medical costs regarding that injury covered. The employee also continues receiving money for the period that the injury prevents him or her from working.
Whether an injury is work-related is very fact-specific and can be a point of great controversy because this determines whether the workers' compensation-related duties of an employer are triggered.
On one extreme, a piece of heavy machinery falling on an employee while he or she is using it as part of his or her job is almost always compensable. On the other extreme, someone breaking his or her wrist from falling out of bed while voluntarily making a short and rare work-related telephone call from home probably would not be considered a compensable injury.
The tricky part relates to the myriad of incidents that fall in between these extremes. Accidents that occur outside of the workplace while the employee is doing something that relates somewhat to his or her work is often a source of controversy.
I would also like to offer the advice that someone who is taking time away from his or her job based on a workers' compensation claim not do anything that can be seen outside that is contrary to that claim. Insurance companies have a history of observing these behaviors. Fairly common cases involve videotaping someone who asserts that a back injury prevents him or her from working mowing a a lawn, painting a house, helping with a move, etc.
As always, your comments are welcome as additions to this entry or as e-mail to nelsonexaminer@gmail.com.
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