I recently had a client who said to me, “I travel a lot for business. If I’m hurt while on a trip, am I covered by workers’ compensation?” This is an excellent question. As a general rule, workers’ compensation is designed to protect you while you are at work and doing your job. So what happens when your job takes you out of the office or away from your work site?
The good news is, yes! You are covered while on a business trip. The reason is that the entire purpose of your trip is work related. Therefore, in most circumstances, any injury that occurs is going to be while you are performing your job.
This includes automobile accidents. Even if you were at fault, you are still eligible for workers’ compensation. This is because workers’ comp is a no-fault system. Its purpose is to cover lost time and wages due to a work injury; fault is not taken into account when determining workers’ comp. Therefore, workers’ comp does not treat an automobile accident any differently than it would treat a fall in the workplace.
Workman’s comp will even cover you when you’re traveling out of state or out of the country, provided you are traveling for business. And this does not just apply to injury — if you become ill while in a foreign country, you could qualify for benefits.
Dealing with workers’ compensation should be a fairly straightforward process. However, things don’t always go according to plan. Is it worth trying to sort your case out yourself, or do you need some legal help? How do you know when it’s time to call an attorney?
Our first piece of advice is contact an attorney and see what they think. Having an initial evaluation will help us assess whether or not your case needs legal intervention, or if there are steps you can take by yourself to help your situation. Keep in mind, this isn’t like a sales call. Our attorneys won’t try to sell you on legal counsel you don’t need. Many law firms won’t charge you for a consultation to evaluate your case — and we certainly don’t either!
Here’s a general guideline for when you’re going to need a lawyer:
Of course, these aren’t the only reasons you might need an attorney, but they are the most common situations we encounter. We understand that every case is different, so we believe the best course of action is to speak with an attorney regarding your individual situation. It’s the best way to find out if an attorney is necessary for your case.
If you get injured at work, it’s important to know exactly what steps you need to take to ensure that you will get the most out of your workers’ comp benefits. In an emergency situation, make sure you dial 911 and seek immediate medical treatment. Your health is the priority; don’t jeopardize your health by waiting to seek treatment. What other steps do you need to remember?
Regardless of how you injured yourself, it is critical to report your injury to your supervisor. The good thing about workers’ comp in North Carolina is that you are covered regardless of whether or not you were at fault. So don’t be afraid to be honest about your injury.
It’s important to be as thorough as possible in your report. Make sure to list every body
part that has been injured, and describe in the detail how the injury occurred. The more specific you can be the better. Be sure to get a copy of your report.
If anyone saw your injury occur, ensure that they write down their own account of the
accident. Having eyewitnesses will help with the validity of your case.
It may not be possible to get pictures of the scene, but you should if you can. And
definitely get pictures of your injuries. It’s good to have a record of them when they were fresh, especially because they’ll heal over the course of your case.
Regardless of the severity of your injury, you must visit a doctor to document the extent
of your injury. Explain to the doctor how you were injured and tell them every body part that was injured.
From here, the next step is to contact an experienced attorney. An attorney can help you evaluate your claim and direct you on how to proceed.
If you file for workman’s compensation, one of the most disheartening things is to have your claim denied — especially if you were counting on your benefits to help make ends meet while waiting to be able to return to work. It can feel like having a door slammed on your only viable option after a work injury. Keep in mind that just because the insurance company has denied your claim, your case is not necessarily closed.
The fact is, insurance companies deny compensable cases all the time. You’re not out of options. At Oxner + Permar, we work with our clients to evaluate their claims and explain their options. For instance, your insurance company may only be willing to offer a settlement. We’re more than happy to evaluate an insurance company’s offer to determine if it is fair. We want to make sure that our clients are receiving the compensation that they deserve.
As an injured employee, you have the right to be heard in a court of law and to have a judge determine the compensability of your claim. We don’t just offer guidance, we’ll fight to have your claim deemed compensable and for the insurance company to be ordered to provide adequate compensation. Don’t let an insurance company call the shots for you. Have someone on your side who knows the law and is willing to fight for you.
If you’ve received an award for a permanent partial disability claim (a lump-sum paid following a Form 26A), that decision can feel set in stone. You’ve gone through the legal steps and had an official decision made about your health and your benefits. However, that’s not entirely the case. Did you know that you have one year to make a claim for a change of condition? This can apply to any change in your physical condition whether it improves or worsens.
For instance, let’s say you’ve been injured at work and you find yourself with limited mobility in your arm. Then as you return to work, instead of your condition improving or staying the same, you notice your injury is becoming worse and, as a result, your job is becoming more difficult to do. In this case, you should contact an attorney.
It’s possible that you may be entitled to additional compensation. When you received your initial award, that amount was based on your condition at the time. However, it’s important to keep in mind that when your condition is being reevaluated, you will be asked whether or not you’ve done anything to aggravate your condition. If it’s determined that your injury was worsened by something preventable, you may not be granted additional compensation.
If you believe that your condition has changed for the worse, you should contact an attorney to discuss your options. An experienced attorney will be able to evaluate your case and help guide you through the process of adjusting your claim.
