You’ve hurt yourself at work. It’s bad enough that you need to go to the hospital and rack up some serious medical bills. The last thing you should be thinking about is whether your employer will cover it. Unfortunately, in some cases, this is exactly the outcome of such accidents. The employer may just say “too bad” when the employee asks for them to cover the costs. But can an employer refuse to cover an employee injury? There are a few factors that determine the legality of this.
What is workers’ compensation?
Many people will be covered by their employer’s workers’ compensation policy if they get injured at work. Essentially, this is insurance for companies specifically for workplace accidents. You should check with your employer when you’re hired to learn about their policy.
In almost all cases, even if the employee is technically responsible for the accident, workers’ compensation covers expenses. There are a few differences between states; so employers and employees should both look up local laws. However, it’s possible to come to some general conclusions about whether it will cover you situationally.
Non-intentional employee accidents made with clear judgment
If you got hurt participating in the day’s usual activities, workers’ compensation should cover you. For example, say you fell going down the stairs. You weren’t trying to fall down the stairs; you did. The responsibility also isn’t technically with the employer. The stairs weren’t wet, and there was no specific cause that made you fall. Despite you technically being at fault here, workers’ compensation should cover your expenses. Don’t let your employer try to convince you that you will have to pay for this yourself.
Non-intentional accidents caused by clear lack of judgment
Say you are injured at work. A large box fell off a high shelf and landed on your leg—breaking it. Normally, this would be covered by workers’ compensation insurance. Still, there’s a slight twist to this scenario. The reason that the box fell from the shelf was because you and your coworker were shadow boxing.
You do this sometimes in the warehouse when no one is watching. You got too rambunctious and rammed into the shelf, which caused the box to fall. This case is not so cut and dry. In some states, you’ll probably still be covered by workers’ compensation. But other states might not accept this as a valid claim.
Non-intentional accident coinciding with intoxication
One way to completely nullify your chances of getting a successful claim is to come to work intoxicated. Say you’re under the influence, and you hand gets smashed in a heavy door. Under normal circumstances, this would almost certainly be covered by workers’ compensation. However, being under the influence will likely ruin your chances for a claim.
It doesn’t matter if the intoxication caused the accident. You will almost certainly be drug tested when you arrive for treatment. When those tests reveal any substance actively in your system, it will destroy your case. This is a great reason to never come to work under the influence—if you needed one.
In general, you should be covered by your employer’s workers’ compensation insurance if you’re hurt at work. Slimy bosses might try to get around this through lies or intimidation. Don’t let these tactics get to you. Make sure you tell your doctor you were hurt on the job. Also, don’t be shy about providing details about the accident. It’s better to share too much than to withhold important information about the injury. If you do these things, workers’ compensation should cover you.