Workers' Compensation And You


Most prospective employees are accustomed to the possibility of undergoing pre-employment screening. This can be disconcerting for some potential candidates, who worry if things such as their gender, race, color, age, nationality, religion, and disability may put them at a disadvantage against other applicants in the hiring process. As long as a company doesn't factor in any of these criteria, which is illegal, they can pretty much use pre-employment screening as a way to rule out some candidates while passing on others to the next stage in the hiring process. Of course, if a business really doesn't want to hire someone for whatever reason, they can usually find a technically legal reason not to.

Common pre-screening practices include things like background checks, consumer information commonly found in credit reports, although credit considerations are not legal in all states, criminal records, skills and aptitude testing, and pre-employment drug testing.

While most companies are primarily concerned they will be investing their resources in a worthy employee who will provide a positive contribution to their operation, they are also concerned with other things, such as potential workers' compensation claims down the line. Workers' compensation insurance is a type of employer benefit that covers an employee's lost wages and medical expenses should they be injured on the job, whether it be by their equipment and machinery, a customer, or another employee. Ensuring they provide a safe working environment is key to the financial success of their operation.

While you may assume that any injury at work is automatically covered, you would be wrong. There are some situations in which an employer may not be held responsible. In fact, you may even end up being the one responsible, not only for your own medical bills, but any damaged or destroyed company property or equipment, which can include reputation, or any other employees who were injured as a result of your actions. Here is a look at the gray areas surrounding workers' compensation insurance coverage.

Policy Violation

Almost every company has an extensive employee handbook, full of policies and procedures. An employee who becomes injure on the job in the course of violating one of these policies may find themselves battling their employer for benefits.

Self-Inflicted Injuries

Just because you hurt yourself at work, it doesn't mean you will automatically qualify for compensation. If it is determined that you hurt yourself either purposefully or by doing something that wasn't in line with the standard operating procedure, you may find your claim denied.

Under The Influence

An employee who is injured on the job is almost always going to be subjected to post-injury drug and alcohol testing. If you are found to have been inebriated, have an illegal substance in your system, or have a legal substance that you don't have a prescription for, your claim will be denied.

Because workers' compensation law can be in-depth, and because the company is obviously going to be looking out for itself, if you are injured on the job, it is best you consult an attorney, like Goldberg Michael Atty At Law, experienced in this area of the law.

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