In workers compensation, we tend to think that if you are hurt at work you automatically have workers compensation case. So the question is: if I am hurt at work do I have workers compensation case? And the answer to that question is maybe but probably.
So what we look at in workers compensation is whether you are hurt in doing something that arose out of your employment and in the course of your employment.
So just because you are on site of the job that you are working at does not necessarily mean that you have a workers compensation injury or a work accident.
So we are looking at things for example, are you doing your normal job or job that you are assigned to do during normal hours and something that happened on site or in the place that you were supposed to be because your job sent you there? Some things that we look at maybe a little more closely are falls in a parking lot.
If you park somewhere where you are not assigned to park and you are just walking into the building starting your day and you fall, that is not necessarily a workers compensation accident because it is a risk that the general public is exposed to at the same level that you are exposed to.
However if you are assigned to park somewhere specifically that the general public is prevented from parking and you slip and fall in that area, that might be a workers compensation case.
If you hurt yourself reaching for something, for example a file, that might not be a workers compensation case because it could be something that’s internal to you that you would’ve gotten hurt doing anything … any kind of activity would have hurt you so your condition would have been so deteriorated that anything would have caused you to be hurt so that might not be a workers compensation case.
Or for example if you are hurt doing something that everybody is exposed to for example walking down the stairs if you fall and nothing that is work related causes you to fall, that might not be a workers compensation case.
So the answer is not entirely cut and dry as far as if you are hurt at work or on the premises during work hours and it is a workers compensation case. That is a very good start and definitely it is something that you should get the guidance of an attorney to figure out whether or not you have a workers compensation injury and whether or not there is anything you can do about it.
So thank you for watching this again my name is Carolina Schottland with Zanck, Coen, Wright and Saladin and if you would like to contact me directly the office phone number is 815-459-8800. Also feel free to email me. I am excellent by email and hope to respond to all questions within a timely manner. So my email address is [email protected]. I have been an attorney for over 12 years and really enjoy practicing workers compensation law and really look forward to helping out with your case.