When Does Worker’s Compensation Law Apply?

Wisconsin law requires worker’s compensation benefits to be paid “Where, at the time of injury, the employee is performing service growing out of and incidental to his or her employment.”  Many claims are easy: an employee is injured, on the job site, usually by a simple slip and fall or the impact of a moving object.  Unfortunately, many injuries aren’t so simple.  As the typical 9-5 factory or office job becomes less and less common, it is important to understand when worker’s compensation applies, and when it does not.

When do worker’s compensation benefits apply?

The general rule is that it applies to injuries sustained on company time and on company property.  If you are injured on the company parking lot, or walking up the stairs, worker’s compensation applies.  If you are on your lunch break, on the company premises, you are covered.  If you are driving on company-related business and you get into an accident, benefits must also be paid.  Worker’s compensation benefits apply to any injury suffered while on work-related business or on work property.

When do worker’s compensation benefits not apply?

However, there are many instances where worker’s compensation benefits are not usually paid.  The most common one is where a worker is injured driving to or from work.  This is not usually considered to be part of someone’s employment.  However, there are numerous exceptions to this rule.  Did a supervisor ask you to pick up something on the way to or from work?  This can change an ordinary commute into a work-related errand, and entitle you to benefits.

Because the line between work-related injury and bad luck can be so thin, it is important to contact a member of our experienced team as soon as possible.  You can submit our free evaluation form or contact us at 262-797-6677 for a free consultation.

Posted on September 24, 2012 @ 3:29 am

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