In order for a New York employee’s workplace injury to be covered by workers’ compensation, it must be related to their employment or their employer’s orders. Examples include carpel tunnel caused by repetitive motion or a break caused by falling down a ladder while fixing an electricity pole.
What is workplace insurance?
Most employers are required to carry workplace insurance for their employees. Workers’ compensation insurance can cover an injured worker’s medical bills, lost wages and other expenses associated with their workplace accident. There are two basic requirements that must be met in order to qualify for workers’ compensation; the injured must be an employee and must have sustained the injury during the course of their employment.
Course of employment
Generally, all injuries sustained while an employee is on company premises is going to be covered by workers’ compensation, unless the employee was completely disregarding workplace safety rules. Even then, injuries sustained during horseplay may be covered.
Injuries sustained off company property but while completing work-related tasks may also be covered. For example, a social event sponsored by an employer may be considered a work event, so an injury sustained then may be covered by workers’ compensation. Additionally, if the employer is providing alcohol at the event, then alcohol related accidents may also be covered. However, if an employee out for drinks with the manager or other colleagues becomes injured, this injury will most likely not be covered by workers’ compensation. Becoming injured while on the way to work may not be covered, but truck driver’s injuries will likely be covered.
Most cases of workers’ compensation are not clear cut ones and disputes can arise as to whether an injury was sustained in the furtherance of employment or not. Since these cases hinge on the details, it might be helpful to consult an experienced attorney to ensure one’s rights are protected.