Worker’s compensation benefits eligibility requires that an employee or worker must be injured while working within his or her scope of employment. Generally speaking, an injury sustained by an employee at his or her place of business during working hours qualifies as such.
While injuries that occur while traveling to and from the workplace do not qualify under workers’ compensation, the injury may be considered within his or her scope of employment if the employer provides transportation to and from the worksite and if the injury occurs while en route.
How much control an employer has over the circumstances of the accident determine whether or not an accident occurs within the scope of an individual’s employment.
Workers Compensation Benefits
Workers’ compensation benefits entitle an individual to medical treatment to both cure and relieve the effects brought about by an industrial injury. This medical treatment may comprise of consultations, hospitalization, surgery, physical therapy, nursing care, drug treatment, and vocational and physical rehabilitation services. With workers’ compensation, an individual will also be reimbursed for lost wages and even for transportation costs for medical appointments.
Job Site Accidents
According to the National Academy of Social Insurance, workers’ compensation is the third-largest source of support received by injured workers following Medicare and Social Security.
In the state of North Carolina, the Workers’ Compensation Act requires all businesses with at least three employees to have workers’ compensation insurance whether they work full-time or part-time. Apart from providing for the injured employee, this program also takes care of any dependents of workers who are disabled or killed in a work-related accident.
In most cases, workers’ compensation laws provide employers with a layer of protection as employees are not allowed to file negligence lawsuits according to the statute. Employees, then, are responsible for reporting work-related injuries. Employers, on the other hand, are responsible for taking appropriate actions once the injury report has been filed.
When it comes to construction sites, all owners and general contractors are obliged by law to keep the entire work area safe. Construction companies must be able to develop and implement proper safety programs, coordinate job safety, provide protective equipment, conduct inspections for safety compliance, warn others of any hazards, and basically ensure a reasonably safe site.
Despite such regulations, however, the construction industry proves to be among the most dangerous industries in the country. Injuries and fatalities at construction sites are often associated with falls, electrocutions, defective and dangerous machines, logging accidents, crane and scaffolding accidents, and welding, brazing and cutting accidents.
In several instances, an injured worker may be allowed to file a claim against the owner or general contractor and sometimes 3rd parties, such as equipment manufacturers, in addition to his or her workers’ compensation claim.
Injuries that result from industrial accidents can range in terms of severity, from slight to fatal. There are numerous things that can cause industrial accidents such as: explosions, lifting, falls, malfunctioning equipment, and electrocution. Common contributing factors in these accidents include poor safety standards, fatigue, and workers’ negligence.
Recovery can take anywhere from a few hours to months or even years depending on the severity and cause of the accident. Unfortunately, many individuals injured in an industrial accident are never able to return to full working capacity again and are affected both physically and psychologically. Industrial accident victims could also suffer financial difficulties resulting from their inability to return to work.
Workers’ compensation laws vary according to state. It is important to consult with an experienced personal injury or workers’ compensation lawyer. At Ted A. Greve & Associates, P.A., our legal team has a deep understanding of workers’ compensation and will work tirelessly to help you obtain the benefits you deserve.
If you have been seriously injured due to a work-related injury, contact Ted A. Greve & Associates as soon as possible. We will help you fight for your rights and ensure you are compensated fairly and justly for the injuries you have sustained.
For more information, visit our Workers’ Compensation Frequently Asked Questions.