I Got Hurt at Home and Can't Work
An untimely accident resulting in serious injury impacts a worker's ability to work, and it happens more often than people realize. During the Coronavirus pandemic, remote working and stay-at-home orders have become the new reality.
What happens if someone is working from home and an unexpected work-related injury arises at their residence? Is private health insurance their sole solution? Does their employer offer workers compensation insurance to affront the damages?
The answer to those questions depends on the particular facts based on the workers' comp claim.
Standard Workers' Compensation Coverage Criteria
A person is typically covered under their employer's workers' compensation insurance regardless of whether it was someone else's negligence or their own that caused their accident. Why is this? It is because worker's compensation is a no-fault system, which means if an employee is injured while at work, the employer is obligated to pay medical expenses.
Workers' compensation coverage for off-site injuries is commonly discussed, but remote workers have been left behind when they pose this question. In most cases, employees are covered outside the office or at other workplaces if the claim is a work-related injury.
Whether the injuries are work-related is one of the primary considerations in this type of claim. When working remotely, it becomes more complicated to prove that the damage occurred during work, primarily since it could happen any day, even when the employee isn't working.
There are some questions injured parties should ask themselves to determine if the injury is work-related.
Did the employer approve the off-site activity in advance?
Was the employee required to engage in the injury-causing activity?
When the injury occurred, was the employer benefitting from the employees' actions?
Suppose a worker is having lunch on-site in the company's break room and is injured. In that case, worker compensation will typically cover those injuries because it benefits the proprietor when his staff takes their lunch break at the office (it keeps them accessible to the team if the need arises and saves time).
A person will generally still be covered under the company's insurance policy even if they are injured on the employer's premises after they finish work.
Telecommuting is what this analysis translates to. A worker is probably out of luck if they stub their toe on the way to the bathroom at midnight, but the chance of benefits from a workers' compensation claim may be imminent if they explain how the injury is work-related.
How to Generate Income If Injured and Unable to Work?
Suppose someone's spouse was injured while at work; they should consider the option of applying for Social Security disability benefits. For example, they can obtain a typical settlement for a rotator cuff injury they got at work. That ensures that they get compensated if they miss work, meaning they can still support their family.
How to Know If a Spouse Qualifies for Social Security Disability Benefits?
Social Security disability insurance does not depend on the injury's location, so the victim may qualify for it regardless of whether they were injured at home or work. However, strict guidelines are set out to determine disability benefits eligibility based on how severe the impairment is.
Here are the strict guidelines the Social Security Administration (SSA) utilizes for the qualification process:
Severity of impairment
Ample work credits
Proof of disability
It's important to note that a spouse may also be eligible for workers' compensation if the person was injured at work.
Evidence of a Medical Condition
A worker could qualify for disability benefits if their doctor says they can no longer work or can't return to work due to an injury at home. However, they must provide information about their physical condition. Disability benefits cannot be obtained by simply implying their doctor's recommendations.
Before adhering to the claim, the SSI considers clinical observations, physician assessments, other supporting documents, and test results.
In order to receive benefits, a person is required to have worked recently and long enough in addition to the requirements of their medical conditions. The Social Security Administration needs to see that they were part of the economy and not just freeloading to gain financially from the system.
A worker can earn a maximum of four work credits per year; for example, if someone makes one credit for $1,300 in wages, once they have earned $5,200, they would have met their maximum allocation of credits for at least a year.
Depending on the age when a worker becomes disabled, the number of work credits the person needs to qualify for benefits vary.
The inability to perform sedentary work for at least 12 months must be proven, especially if the person is looking to claim long-term disability insurance. It's good to note that the SSI only constitutes acceptance if the person's impairment has lasted six months with the expectancy to last a minimum of 12 months or longer.
The Qualifying Physical Disabilities for Social Security Disability Insurance
Here are a few examples of medical and physical conditions that allow someone to claim lost wages from the federal government. By reviewing this list and getting in contact with an attorney at Larrimer & Larrimer law firm, an individual can better understand if their disabling injury qualifies for benefits.
Joint Injuries (such as ankles, knees, and hips)
Degenerative disc disease
Heart disease and other cardiovascular conditions
Chronic fatigue or pain
Traumatic brain injury
Back, neck, or spinal cord injuries
Getting Started with a Worker Compensation Claim
Rules vary depending on where the client lives, as each state's laws govern workers' compensation benefits. The first course of action should be to file the worker's compensation insurance form, which an employer will provide, even if the person works briefly.
Workers should be prepared to answer any questions regarding whether they were in the course and scope of employment when the injury occurred and must also preserve any evidence that may demonstrate how they sustained the injury.
Larrimer & Larrimer offers a free evaluation and can examine the information provided while maintaining a confidential relationship. People can contact an attorney or lawyer through the company's website, open a case, provide them with the specific information related to the injury, and chat about the intended benefit they wish to gain from the accident.
All clients are treated with the utmost dignity and respect, plus are always ensured a positive attorney-client relationship. Before the case is brought to court, an attorney will provide the victim with the supplemental terms, and people pay only if the attorneys can help their family.
Sometimes, a lawyer or attorney may be the only option for a family because some companies have unscrupulous bosses. It's best to contact Larrimer & Larrimer for a free case evaluation with no waiting period if someone has been injured on the job.
What If a Disabling Injury Happens Outside of Work?
If an individual is left unable to work and now lost an income due to another party, they may have a personal injury case on their hands. There are no limits to the types of accidents a person can benefit from in these cases. Below are some of the accidents that constitute off-site injury coverage:
Falls and slips
An individual can suffer for life in the event of a negative diagnosis after a collision caused by another person. The victim needs to show that the injury and accident resulted from another party's failure to do something they should have or have information of the plaintiff's wrongdoings.
A lawyer can establish the damages (suffering measured in dollars) the plaintiff must pay the victim to benefit them. Under Ohio law, a victim has the right to file a case and deserve money if the above case happens to apply to them.
Even if the individual is partially to blame for the accident, they may still receive a jury award or insurance settlement. How the accident is evaluated determines how much the driver or victim is at fault. During this period, parties can appeal or report various events to prove if they are eligible.
The judge will hear both sides of the story during a professional hearing and decide how to proceed. No matter either party's position, the courts' decision is final, and no one can modify the contract or documentation once the situation has been notarized.
Compensation Available When an Individual Gets Injured and Can't Work
In connection with the accident caused by another party's negligence, the victim may be paid compensation based on a range of fees associated with damage to property or personal injury. On average, these damages are potentially approved when filing to recover payments from the plaintiff:
Permanent disfigurement and scarring
Loss of enjoyment of your life
Negative impacts on your relationships
Physical pain and emotional suffering
Income lost and what could have been earned in the future
Expected future and past medical costs
Larrimer & Larrimer perform attorney advertising around the Ohio region and have helped people who have been injured on the job gain the compensation they deserve. Data rates show how Columbus workers compensation lawyers working for the company have successful programs to assist those entitled to legal advice.
The next step to start receiving cover if an individual has become disabled is to fill out the Larrimer & Larrimer website forms. After this, the information on the above website entry is put into the review, so the individual who lost their job can be paid a fair settlement.