In today's world, we all are exposed to numerous occupational hazards that can potentially cause workplace injuries or illnesses. Employers have insurance policies to protect their employees and themselves against such incidents. Workers' compensation is a no-fault insurance program that provides medical and wage-loss benefits to employees who are injured or become ill at work. But sometimes, employees or their families reject this claim, and the situation may turn into a legal battle. In this blog post, we will discuss the deviation from employment defense and what it means for injured workers.
Employment defense is the primary legal argument used to dismiss workers' compensation claims. But, the deviation from employment defense happens when a worker's injury is due to actions outside of the scope of employment. This means that the employee's injury did not occur during the course and scope of their job. For example, if an employee gets hit by a car while they are on their lunch break, they cannot claim workers' compensation because the injury happened outside of work.
Another instance where employment defense may deviate is when the employee is under the influence of drugs or alcohol when the injury occurred. In this situation, employers may use the intoxication or drug defense to deny the claim. In some states, employers are allowed to do this as a result of their insurance policies.
In some cases, the deviation may not be so clear-cut or obvious. For instance, an employee may have been doing their job when they were injured, but there was a moment of misconduct or deviation. Injuries that are a result of gross misconduct of an employee can invalidate a workers' compensation claim and may open up a potential lawsuit.
The deviation from employment defense can be complicated and may require the assistance of a workers' compensation attorney to navigate. A specialized attorney can evaluate the case and develop legal arguments that favor the employee. This kind of expertise and knowledge of the law can also help fight an insurance company's denial of a claim.
If you have been involved in a workplace injury and are looking to get workers' compensation, understanding employment defense deviation is crucial to determining eligibility. Contact the experienced lawyers at ARL Attorney today for a free legal consultation to assess your situation and discuss what options you have moving forward. Don't hesitate to get the help you need to protect your interests and rights.