Workers’ compensation benefits plans are provided by employers with the intention of supplying financial resources in the instance that an employee is injured and unable to work. However, does workers’ compensation cover the medical expenses for all on-the-job injuries? What are the requirements that determine if an injured employee qualifies for workers’ compensation benefits?
A recent incident in Chicago raises these questions. A construction worker was hit by a speeding driver on the Kennedy Expressway. Both the construction worker and the driver were treated for non-life-threatening injuries.
The driver will face criminal charges, and could be held financially responsible as well, if the worker decides to pursue a personal injury case. Would the employee be entitled to workers’ compensation benefits as well?
The potential for workers’ compensation in this situation is questionable because of the cause of the injury. The victim was injured on the job, but their injuries were not a direct result of their work, on company property, or caused by negligence on the part of their employer.
Workers’ compensation laws vary among the states, but in general, employers are required to provide benefits for any injury that occurs while working. Regardless of who is at fault, the worker was hurt while performing their job duties — legally, this is a basis for classifying this incident as work-related. The question of fault in these cases can get complicated if the employee is fully or partially responsible for their injuries. Employee negligence, including intoxication, is usually grounds for workers’ compensation claim denial.
The victim’s specific workers’ compensation plan, as provided by their employer, will be a factor in the Chicago case. Depending on the coverage offered in their plan, it is possible that the employer or their insurance provider will deny or undervalue the claim.
If you have been injured on the job and are curious about your rights, contact McHargue & Jones, LLC to schedule a free consultation. Call (312) 487-2461 or send us your information to get in touch with our attorneys.