Employers have a legal and moral obligation to protect their employees by providing a safe work environment. Unfortunately, workplace accidents remain a fairly common occurrence. That’s why many companies are required to carry workers’ compensation insurance to provide benefits for losses from on-the-job injuries. If you have been hurt at work, you may be entitled to compensation. However, before filing a claim, it’s important to ensure your place of employment is liable. When faced with this challenge, residents of Columbia Falls, MT, seek counsel from Bothe And Lauridsen. Their compensation lawyers are well-versed in workers’ comp laws and will accurately evaluate the validity of your case. Below, they explain how to determine if a company can be held responsible for your losses.
What to Consider When Establishing Liability in a Workplace Accident
Are You an Employee?
The first thing you must consider is your employment status. Typically, only full-time employees are covered under workers’ compensation insurance. You must find out exactly how your company classifies your position to ensure you meet the criteria for collecting benefits.
Was Your Injury Work-Related?
Next, your workplace accident must have taken place while performing your job duties. This may be at the work site or another location where you were acting as an employee of your company. Generally, your employer won’t be liable if you were injured in any situation that falls outside the scope of employment, such as during your commute to or from work or on your lunch break.
Is Contributory Negligence a Factor?
In most cases, if an employee shares fault for causing their injury, it won’t affect their right to receive benefits. However, there are a few exceptions to this rule. Even if you meet the other requirements, your employer may not be responsible for paying your workers’ comp claim if you intentionally harm yourself, get hurt while violating a company safety policy, or suffer an injury while intoxicated.
Whether you have a question about your employer’s liability in a workplace accident or your workers’ compensation claim has been denied, it’s in your best interest to consult an attorney who specializes in this area of the law. The legal team at Bothe And Lauridsen has helped numerous clients collect benefits after a workplace injury. They have more than a century of combined legal experience and remain committed to protecting the rights of employees. Contact their office at (406) 892-2193, or visit them online to learn more.