Do I Have To Be At My Place Of Employment To Be Covered By Worker's Comp?

If you are injured while performing your work duties, whether at your place of employment or elsewhere, you have a right to recover benefits. For example, if you drive as part of your duties and are injured in an accident, you can get benefits. You also can file a claim against the responsible driver's insurance company to recover further compensation. If you were travelling on a business-related matter, you are covered. You are even covered by workers' compensation should you be injured at a work social event, such as company picnic or team building event or party.

Your employer may or may not feel that you were injured at work, and could challenge a claim. This puts great stress on families who have no income due to the inability to work. If you are in this position, it could not be more important that you get legal counsel to assist you. You are required to prove that your injury, illness or condition is work-related. There can be some instances in which it is a grey area, such as a person injured during a lunch break. The facts will determine whether you can claim benefits. For example, if you were out buying lunch for your boss on his or her request, you can file a claim, whereas if you were merely out buying your own lunch, you probably cannot file a claim and be successful. If the injury occurred during a lunch break but you were in the company cafeteria, you are more likely to be able to get benefits.

If you have engaged in some form of misconduct at work, and then were injured, you may still be covered, even if your employer is asserting that your claim is invalid. There are many problems that can arise in filing a workers' comp claim, often related to an employer believing you sustained the injury elsewhere, or that you are exaggerating the degree of pain you are suffering. Employers hire investigators to watch people who filed claims to try to prove fraud. Many valid claims are denied, and an appeal must be filed to right this situation and get the benefits paid. We deal with all of these issues, and can advise you about your specific situation, and what to expect with regard to the value of your benefits.

Each case is different, and it is advised that you speak with us at The Law Offices of Darrin M. Gamradt, P.C. in Concord, North Carolina before you file a claim. We can ensure that you seek out every form of benefit that you are eligible to claim.

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