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Work Injuries Can Extend Beyond Normal Working Hours

Posted on in Workers' Compensation

Work Injuries Can Extend Beyond Normal Working HoursInjuries that are covered by workers’ compensation insurance extend beyond what many employees realize. For instance, you may believe that you needed to be working “on the clock” for an injury to be work-related. Your employer’s responsibility for your health can continue even after your official work hours. The workers’ compensation insurance provider will likely contest any injury claim that occurs outside of your paid hours or the workplace. This should not discourage you from filing for workers’ compensation benefits.

Qualifying for Benefits

Job requirements can dictate your actions beyond your documented working hours. Many employees are required or compelled to take their work home with them or perform work-related tasks after work. Even the requirement to travel to and from a work site can potentially expose you to danger. When wondering whether an injury is work-related, you should ask:

  • Was I performing a task that was required as part of my job?;
  • Was my employer benefitting from my actions?;
  • Was my employer aware or could my employer have been expected to be aware that I was at a work site during my free time?;
  • Does my employer own or maintain the property where the injury occurred?; and
  • Would I have been in the situation that caused my injury if not for my work?

If you answer “yes” to any of these questions, it is worth exploring whether your injury would qualify for workers’ compensation benefits.

Examples

Whether workers’ compensation insurance covers an injury that occurs outside of working hours depends on the details of your case. Common examples of qualifying injuries include those from accidents that occur:

  • On-site when you are on a lunch break;
  • In a parking lot where you are required to park your vehicle;
  • While performing an errand for work, including travel;
  • When bringing home materials to continue your work;
  • When you are traveling using a company vehicle that advertises information about the company; and
  • While on a business trip in locations such as a hotel.

Contact a Crystal Lake Workers’ Compensation Lawyer

You should expect a workers’ compensation insurer to contest your claim by using any excuse it can find. It is in the insurer’s financial interest to avoid paying for injuries. When your injury occurs outside of working hours, the insurer will naturally conclude that it should not be classified as a work injury. A McHenry County workers’ compensation attorney at Botto Gilbert Lancaster, PC, can help you prove that your injury was related to your work. To schedule a free consultation, call 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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