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I am injured on the job. What must my employer do?

When you have suffered an injury on the job, your employer is responsible for a few things. First, your employer is required to carry workers’ compensation insurance. This will pay an employee’s regular wages until he or she can return to work.

There are some instances where workers aren’t covered by workers’ compensation. One instance is when a worker is an independent contractor. An employee could also consider his or her employer a third party if he or she did something that is considered a willful violation of a safety regulation and the employee was hurt. These are considered extreme cases of negligence or failing to carry workers’ compensation insurance.

An injury is considered covered by workers’ compensation if it occurred while you were working. If you were at lunch, that’s not usually considered work-related unless you were in the company cafeteria. While you may have been drinking alcohol , it might still be covered if you were at a holiday party for your work. If you had a preexisting consisting condition that was made worse when you were working, that is generally considered worker’s compensation. Finally, if you have a mental disorder that was made work by your work, it should be covered.

There are some types of workers that may not be covered by workers’ compensation. These include:

— Domestic workers, such as babysitters, nannies and housekeepers

— Agricultural workers

— Seasonal workers

— Undocumented workers

Workers’ compensation is in place to provide workers with the help they need after an injury with medical expenses and paid leave. It’s important to know that you cannot be terminated for filing a claim.

Source: FindLaw, “I Have a Job-Related Injury: What are My Employer’s Responsibilities?,” accessed July 29, 2016


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