One of the key details about workers’ comp cases is that the injury has to be work-related. Generally, this means that the injured worker needs to be on the clock at the time, and they have to suffer injuries while performing the duties of their job. Fault is not as much of a factor. Even if the worker was at fault, as long as they are on the job at the time, they should be covered by workers’ comp benefits.
The other side of this is that people cannot claim workers’ comp benefits if they are injured outside of work. One common reason for a denial is if an employer believes that a worker was injured at home. For instance, say that a worker sustained a neck injury playing basketball over the weekend, comes into work on Monday, and then tries to claim workers’ comp benefits.
But that does not mean that any injury you suffer outside of work will be unrelated to your claim. In some cases, you can still claim benefits if you aggravate a pre-existing injury so that it gets much worse. You may still deserve workers’ comp benefits because your activities on the job worsened your condition.
How could this happen?
For example, say that you suffer a minor back injury outside of work. You are still able to do your job, but there is a bit of pain and stiffness as you move.
Once you get into work, though, you aggravate the injury in a slip-and-fall accident. Your back injury gets so bad that you can barely move and you need to be taken to the hospital for immediate treatment. You may still deserve workers’ comp benefits, even though the initial back injury happened outside of work, because the slip-and-fall on the job aggravated it so significantly.
This can make your case rather complex, so be sure you know what legal steps to take.
