To qualify for workers’ compensation, you need to meet specific requirements. Most people injured at their workplace are covered by their employer’s workers’ comp insurance and state laws. But what about people who suffer an off-site injury? Will they still be eligible for benefits?
Each accident could be approached differently based on the circumstances.
Employee Status Governs Whether You Qualify for Workers’ Compensation
Most employees in Oklahoma are eligible for workers’ comp benefits but not all. Oklahoma workers’ compensation laws exempt the following workers:
- Certain agricultural or horticultural workers
- Federal government employees
- Licensed real estate sales associates or brokers if paid by commission.
Some people working in medical care or social services programs administered by the Department of Human Services or participated in a work training program (excluding nursing homes) may be excluded also.
Another exemption involves people who are working for an employer with less than five employees. This rule seems to be aimed more at family-owned, family-run businesses because the employees must be related by blood or marriage to the owner or be dependents.
When and Where the Accident Happened Matters Also
In most cases, employees are not covered when commuting to work. That’s because their workday doesn’t start until they arrive at their workplace or any employer-controlled premises. However, commuting could be covered if the employee is performing work duties while driving. For example, an employee might be talking to a client or their boss while driving. This activity could be considered work-related.
Employees whose jobs require travel usually are covered while engaged in work-related traveling.
Finally, some people might be injured while at off-site, work-sponsored events. Here, the worker might be covered by workers’ compensation. However, they might also have a personal injury claim against the entity that owns the site or planned the event.
However, deciding whether a worker is covered while away from the office is complicated. We encourage you to discuss your situation with an experienced workers’ comp attorney rather than just deciding you don’t have a case.
The Injury Must Be Work-Related to Qualify for Workers’ Compensation Benefits
The primary requirement for a claim is that the injury occurred while the worker was performing job duties for their employer. Off-site injuries certainly complicate the issue, but can still qualify for workers’ comp.
We Can Answer Your Questions About How to Qualify for Workers’ Compensation
Are you trying to recover compensation for a work-related injury? If so, seek legal representation from the experienced attorneys at Armstrong & Vaught, P.L.C. at once. Let our team build a strong case that clearly shows why you qualify for benefits for your injury. Call us now at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with a skilled attorney.