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Worker’s compensation feels like something close to a safety net. It is nice to know that in the event you got hurt at work, there is something in place that will help pay for your treatment and pain. However, not all injuries are covered by worker’s compensation. Under Minnesota worker’s compensation law, injuries are only covered if they “arose out of and in the course of employment.” Of course, for many injuries, that is often the source of debate for workers that want paid and insurance companies that don’t want to pay out.
However, there are a few typical injuries that rarely covered. These injuries include:
- Injuries Cause by an Act of God – Some might argue that all injuries are an act of God, but these types of injuries are typically something like natural disasters such as weather. If you are hit by lightning doing your regular work duties, no one could have prevented that. However, true acts of God injuries are actually highly arguable. A worker could say that they shouldn’t have been working up there in a thunderstorm and that the injury was indeed preventable.
- Acts of Third Parties – Injured workers will find a clear distinction between injuries that happen during the course of employment and injuries that occur because they arose out of employment. When a third party is involved in your work injury, this is particularly important. If a third party was responsible for the injury then this excludes the employer from having to cover it with worker’s compensation. However, the good news for the worker is that they can file a personal injury suit against the party responsible.
- Injuries Sustained While Traveling – It doesn’t matter if you were heading to another job site on the clock, traveling around the country for your job, or heading to or from it. Under the coming and going rule, injuries sustained while traveling to and from work are not responsible for coverage under worker’s compensation. Some businesses might have exceptions that cover injuries that occur while traveling for work, but injured workers should be ready for the reality that they might not have coverage for travel under worker’s compensation.
- Idiopathic Injuries – Idiopathic is defined as an injury “peculiar to the individual.” This defines injures that are odd and probably shouldn’t have happened as injuries that will not be covered by worker’s compensation. Some common examples are trip and falls on a flat, dry surface, a fall caused by a heart attack, or sudden knee pain while walking or sitting. These are all injuries that are peculiar to the individual and aren’t technically work related so they are not covered.
While if any clear cut cases of the above happen to be the cause of your work injury, it is likely you won’t get worker’s compensation. However, there are rarely things that are clear cut in this world. For example, what looks like an idiopathic injury could be due to a wet floor or injuries caused by a third party could instead be a personal injury lawsuit. This is why legal representation is a must for worker’s compensation claims. If you think you aren’t covered, you might be wrong. If your worker’s compensation claim was declined, you might be able to fight it. A good lawyer can help you get the most out of your settlement so that all your injuries are covered.
If you need a skilled worker’s compensation lawyer in the Mankato area, contact us today. The Law Offices of Chesley, Harvey & Carpenter are dedicated to fighting for the rights of the injured workers in Minnesota and we can help you.
Contact A Mankato Workers' Compensation Lawyer Today
Contact the law office of Chesley, Harvey & Carpenter today at (507) 625-3000 for a free case review. We are located in Mankato, Minnesota.