Sometimes Workplace Injuries Happen On Another Property
Brian O Sutter
Workers’ Compensation
People who live and work in Englewood, Punta Gorda, or North Port know that while accidents can happen on the job, some accidents are serious enough to take you away from work and help you recover from the injuries sustained. However, while it’s normal for people to get workplace injuries at their place of work, it’s also possible for workplace injuries to occur on the properties of others. Employers should be protecting their employees with a comprehensive Workers Compensation Insurance Florida policy.These workplace injuries that occur elsewhere have their own distinct legal considerations to address. However, workers can still be protected and expect workers comp, or even more, depending on the nature of the injury.
Jobs That Travel
While many jobs confine worker activity to the place of employment, many jobs require workers to be mobile. Courier and delivery services, for example, require employees to visit multiple properties during a shift. White-collar jobs in the technology and finance industry can sometimes require employees to travel to other parts of the country or world to meet with clients and finalize or negotiate deals in person.
Unfortunately, when traveling to another location or property, the risk of injury does not decrease, and in some cases, it can even rise depending on the locale visited. As with regular workplace injuries, some conditions must be met for an injury at another location to be considered a valid workplace injury that merits workers comp or even additional financial compensation.
Injury Requirements
For workers comp or other forms of compensation to be awarded, a workplace injury must meet a few criteria. These fall along the lines of:
Injury Through Accident: A workplace injury must occur due to an accident and not through other factors, such as “horseplay” on the part of the injury victim. So, for example, an employee sent to a construction site and injured by exposed electrical wiring for which there is no warning is a legitimate workplace accident. However, a worker goes to the restaurant’s kitchen and tries to show off by juggling knives, only to slip and receive a cut would not be eligible since the accident was both avoidable and self-inflicted.
Injury While Performing Work Duties
It is important to note that qualifying for workers comp will only occur if the injury results from executing work duties. So a construction worker cannot file for or receive workers comp by getting injured while with the family at an amusement park over the weekend. However, a postal worker who slips and falls on an uneven stairway while delivering the mail could be eligible for workers comp since it was an on-the-job injury.
Premises Liability May Entail Further Compensation
An additional factor that can mean more compensation beyond workers comp is if negligence is a factor in the injury. Premises liability is the legal mandate that says property owners must create a reasonably safe environment for people who visit. If there is an element of the property that poses a threat of injury, and they ignore this threat, they become legally and financially responsible for any injuries arising out of that negligence.
So if a homeowner has an aggressive dog that is known to attack people, allowing it to remain unleashed on the front yard just as a courier arrives to drop off a package, this is premises liability. Should the dog attack courier, the owner is completely responsible for that dog attack, and the courier is entitled to both workers comp for an injury while on the job, as well as further compensation due to premises liability from the dog and property owner.
If you're in the Fort Meyers, Sarasota, or Port Charlotte region of Florida, and you've been hurt elsewhere while working. Talk to an experienced workplace injury lawyer about what happened to you and see what kind of legal situation you’re in.