Getting injured on the job is a serious situation. This is why companies are obligated to provide employees with specific reimbursements to cover all workplace injuries. This legal duty of care falls under workers’ compensation law, which entitles most injured employees to certain benefits. Although not as common, there are some cases in which an employee is disqualified from receiving workers’ compensation benefits.
Continue reading to learn more about workers’ compensation claims and benefits, including when an employee might be ineligible for such coverage.
Occupational Health and Safety Administration (OSHA)
To understand workman compensation benefits, you need to know about OSHA regulations. The Occupational Health and Safety Administration (OSHA) is a governmental agency in charge of enforcing health and safety regulations in workplaces within the United States of America. Their primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers, and more, are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.
Common Benefits Granted Under Workers’ Compensation Laws
When an injured employee makes a workers’ compensation claim, they are filing to receive compensation for their damages and losses incurred as a result of their workplace accident. Such damages and losses include hospital bills, medical expenses, lost wages from missing work, and similar out-of-pocket costs. Injured employees might also be compensated for permanent partial or total disability and for any permanent injuries.
Economic damages are for tangible financial losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Non-economic damages are not direct and tangible monetary losses, like medical bills. They are damages awarded for emotional or mental losses and hardships. See our blog, “What Benefits Am I Owed For My Workplace Injury Claim in Indiana?” for details about specific benefits that can be recovered through a workers’ comp lawsuit.
Workers’ Compensation Exclusion
There are also situations that would cause an injured employee to be excluded from worker’s compensation benefits. If an employee is injured at work under as a result of their own intentional conduct, an insurance company will likely deny their workers’ compensation claim. Cases that could render an injured employee ineligible for workers’ comp benefits include the following:
- They were injured while committing a crime.
- Their injuries were self-inflicted.
- They were injured while under the influence of drugs or alcohol.
- Their injuries occurred while partaking in a specifically restricted activity.
Where to Get Help With Your Workplace Injury Claim Questions
Always consult a licensed and experienced personal injury lawyer who specializes in workplace accidents for help understanding your rights to being compensated. Don’t let an insurance company tell you no when you need coverage for your resulting damages and losses. A skilled accident lawyer can help you recover the full and fair payout you deserve after being seriously injured on the clock.
Legal Advice For Workplace Injury Insurance Settlements in Indiana
Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your Indiana workplace injury claim with a licensed personal injury attorney you can trust. We retain extensive experience with workers’ compensation claims, and represent clients throughout the State of Indiana. Not only does our law firm offer free initial consultations, we never collect lawyer fees unless we obtain a settlement for you.