PA Workers’ Comp Claims: Strange Cases
In most cases, if you have been injured on the job and must either miss work or seek medical treatment to recover, you are entitled to Pennsylvania workers’ compensation benefits. However, some cases are a little more confusing than others. Below are some of the circumstantial questions we have received as well as some information regarding whether or not they are entitled to benefits.
1. I was injured while on my lunch break. Am I entitled to Pennsylvania workers’ compensation benefits?
Usually, injuries that take place when an employee is on his or her break do not qualify him or her for Pennsylvania workers’ compensation benefits. However, there are exceptions to this. If an employee’s supervisor asks him or her to pick up lunch, and the employee is injured in the process, they may be entitled to Pennsylvania workers’ compensation benefits deepening on a number of circumstances. Each case is different, and the best way to know for sure is to speak with a competent Pennsylvania workers’ comp attorney.
2. I received a work-related injury while traveling. Am I entitled to Pennsylvania workers’ compensation benefits?
This depends on a few things. If an employee is injured on their regular commute or from work, no, the injury is most likely not covered by Pennsylvania workers’ compensation benefits. But, they may be covered if they are driving a company vehicle and the injury is the result of issues with the vehicle. Furthermore, if the employee was required to travel outside of his or her normal route (for example, to attend a conference, go on a business trip, or run a work-related errand after work), the injured person may be entitled to benefits, regardless of whether or not they are in a company vehicle. Again, to know for sure, it’s best to contact a competent workers’ comp attorney.
3. If my injury occurred while I was breaking a company rule or not following safety procedures, can I still get Pennsylvania workers’ compensation benefits?
Employees in this situation often feel like the injury is their fault, which is something we’ve discussed a few times in the past. However, fault is not typically a factor in Pennsylvania workers’ comp. Typically, the outcome depends on how severe behavior has been and whether or not the worker has been properly and thoroughly trained. For example, injuries that involve horseplay may qualify the injured party for workers’ compensation if the supervisor is aware of the behavior and has been allowing it to go on. Furthermore, if an employee has not been thoroughly trained of all rules and safety procedures, he or she cannot be expected to know how to do everything properly.
If you have been injured on the job and live in the Harrisburg, Williamsport, or Lewistown area, contact PAWorkersCompHelpNow at (717) 234-2402 for a free consultation.