Just like great tasting biscuits, there are certain necessary ingredients to a compensable worker’s compensation claim. First, there must be an accident that resulted in injury or death of the employee. Second, that accident must have arisen out of the employment. And third, the accident must hav been in the course of employment.
As stated, the accident must have resulted in an injury or death to the employee. Some accidents result in serious injury and some do not. Nonetheless, an employee should make certain to notify his or her supervisor of the accident immediately so a first report of injury can be completed. This report serves several purposes. It timely documents the accident for date and facts. The report puts the employer on notice. And lastly, it complies with Indiana’s worker’s compensation statute.
The accident must also have arisen out of the employment. This means the injury must be incidental to the employment. Understanding job descriptions and safety rules is important. It is also important to make sure special requests from your supervisor are a part of your work responsibilities if you are entering a potentially unsafe situation.
In the course of employment simply means within the timeframe of employment and being at a location where the employee should be while fulfilling job duties or something incidental to that employment. Basically, this means while you are on the job.
So, if you are hurt on the job, make sure most of all to report the accident immediately no matter how hurt you are. If you are being asked to do something outside of your normal job responsibilities, get clarity and understanding from your boss about the request. And, if you have questions about your rights about making a worker’s compensation claim, contact the Tyson Law Firm so we can help you avoid costly mistakes.
By Attorney Britton Jared
NOTE
All legal references are made with respect to Indiana law. Please check the laws of your local jurisdiction if you live in another state.
The articles in this blog are for informational purposes only. No attorney-client relationship is established through the publication of these articles.
