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Not if the injury was not job related.
An on the job injury would qualify you for the workers compensation insurance payments.
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How long can an injured employee stay on worker's compensation?
Worker's compensation insurance varies depending on each state. It helps to consult a lawyer if you are having and problems with worker's compensation. As long as a doctor has said you cannot return to work becasue of a work related injury, worker's compenstation insurance should be in effect.
What options does an employee have when injured due to employer negligence?
First you have to be able to absolutely prove that your employer was negligent. The law of negligence is founded on reasonable conduct or reasonable care under all circumstances of a particular case. The doctrine of negligence rests on the duty of every person to exercise due care in his conduct toward others from which injury may result. The circumstances of the negligent act are not explained here so therefore, it is not possible to tell if the employer was actually negligent. However, you still have options. More personal injury attorneys will give you a free consultation. So your first option is to contact a few lawyers and explicitly define your position. Another option is to apply for Workers Compensation Insurance to pay for your medical bills. It's important that you apply for Workers Comp right away. It should be declared to your immediate supervisor that you have been injured within 30 minutes of the injury. So, get your facts straight, apply for Workers Comp and interview a few personal injury attorneys.
Can you refuse a job offered by your employer because you moved 250 miles away in PA and still collect workers compensation benefits?
depends on WCJ
Under what circumstances would I hire a Jones Act injury attorney?
Maritime workers face particularly high risk of on-the-job injury. Seamen working in the merchant marine live a life that is difficult for land workers to understand, and may be days away from medical care should an emergency occur. As a result, there are several special legal remedies available to help ensure that injured seamen get appropriate compensation and care following injury. If you are an injured maritime worker, a qualified lawyer can help you determine and protect your legal rights. I would hire a Jones Act Injury Attorney if I was either hurt a shore or I'm a Seaman.
Can a worker opt out of workers compensation insurance?
Workers' Compensation varies from state to state, so you really need to check what your local state law allows.However, as a general rule, if you are injured on the job and DO NOT file for Workers' Compensation benefits, the "exclusive remedy" rule that bars your bringing a private tort claim does not apply.Employers are keen to have employees report ANY workplace incident right away. This does help documents when and where such accidents happen, but it also ends an important legal right the employee might have available to them.There is no duty to disclose what legal rights a worker is surrendering when they are filing a claim for Workers' Compensation benefits. In incidents where serious injuries are sustained, a worker could easily lose valuable legal rights by applying for Workers' Compensation benefits before consulting legal counsel.
What are the laws in regards to your place of employment taking your job position away when you return from being on workers compensation?
On workers comp, I believe they have to return you to your original job. If you were out on a non-worker's comp illness, they wouldn't. If you missed time from work and/or had serious medical bills, most US employers will bend over backwards to accommodate you. If you take extra time that's not medically required under workers comp, they don't have to hold the same job for you. The answer above is wrong. If a worker returns from FMLA leave, even if it was not for a work injury, he/she MUST be returned to the former job, even if the employer must fire a replacement to create the vacancy. That IS NOT true under state WC. If the employer eliminated your job while you were gone, you return to no job. The employer cannot fire you BECAUSE of a WC claim, but can eliminate jobs as necessary to employer survival.
Is general liability ins the same as workers compensation?
No, they are very different. General liability covers non-employee visitors to the workplace; consider it slip-and-fall insurance. Workers compensation coverage is only for workers in the course and scope of employment, even if working away from the shop. Stated otherwise, you might want to think of general liability insurance as "third-party" coverage; it provides benefits to third-parties who or which may be injured by the negligence of the insured or by those for whom the insured is legally responsible. In that sense, it is similar to other forms of liability insurance. It provides both indemnity benefits (usually, it pays on behalf of the insured those damages for which the insured is legally liable), and it provides a defense, meaning that the insurer is responsible for hiring and paying a lawyer to defend the insured. In return, the insurer gets to direct the defense (determine strategy, decide whether or not to settle, etc.). In contrast, workers compensation insurance is provided by an employer for the benefit of employees, and is typically required by law (although different states have different rules as to how many employees are required to make workers compensation coverage mandatory). For the most part, workers compensation benefits are the sole remedy of an employee who is injured within the course and scope of his/her job duties. Again, for the most part, workers compensation benefits are payable to the employee without regard to his/her fault for the occurrence. The benefits consist of a percentage of the employee's lost wages and payment of medical expenses. The employee or the worker's compensation insurer usually has the right to control the medical care that is rendered.
Do you apply heat or ice to a pulled muscle?
You always ice muscle, tendon, and ligament damage to prevent swelling and further potential damage. It used to be that after the first day or two after an injury, you would apply heat to bring healing blood circulation to the area. It has been found in the past couple of years that ice is somewhat better at bringing healing blood to the damaged area. Either heat or cold will be OK to apply after the first day or two after the injury.
Would workmen's compensation cover a spinal injury?
Workman's comp will only cover you if you are on the clock. If your work demands that you have to be on call and wear and beeper and you were being called in to work, then you might have a chance for a case. If you were running an errand for the company on the clock, then you are covered. Coming to and going home, you are on your own. Sorry! ...but your employer does owe you safe ingress and egress, so if you're injured due to a fault in the premises of your work while entering or leaving, that's usually covered.
What can you add but not take away?
Sugar Insult to injury.
Do you have to be injured at work in order to receive workers comp insurance?
Yes you do have to be injured at work to receive workers comp. That is why there are different types of leave from work due to injury. Workers comp is what you claim when injured at work. If you are injured away from work but cannot go back to work you would file under either short term or long term disability depending on how long you were required to be off for.
How long does your employer have to hold you position after you are injured on the job?
In Canada the Employer can give your position to someone else for the time you are away, but must give you that position back when you return. However, if you are on and off Worker's Compensation then your Employer has a right to give you another position which you can handle with the condition you have. An Employer cannot fire an Employee that is on Workers Compensation.
