For an injury to be considered “work-related”, the injury must result from an event or exposure occurring within the work environment, according to the Occupational Safety and Health Administration (OSHA).
The work environment will need to have contributed to or caused the injury. Or, the work environment will need to have exasperated a condition that pre-exists.
Certain conditions apply to injuries that do not qualify as work-related injuries.
Exceptions to Classifying an Injury as Work-Related
An injury may occur in the work environment that falls under the exceptions outlined by OSHA. These injuries are not recordable incidents under OSHA standards. The following exceptions may disqualify an injury from being considered work-related. These are not considered recordable:
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The employee is injured at the workplace but not in a work capacity. They are in the environment as a general public member.
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Symptoms of an injury appear during working hours but result from an off-duty event.
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An injury resulting from an employee’s voluntary participation in an activity such as a blood drive or recreational activity at work.
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Injuries are sustained from preparing food or drinking and consuming it at work.
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Injuries are sustained while performing personal tasks unrelated to a job while at work.
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Self-medication or personal grooming for a non-work related condition causes injury, or the injuries from these actions are self-inflicted with the intention of injuring.
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An accident occurs in a personal vehicle on a business’s property commuting to or from work.
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An illness, such as the common cold or flu, is transmitted to a worker.
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An employee develops a mental illness.
Exceptions to Work-Related Injuries Have Exclusions
Sometimes, an injury or illness that doesn’t seem work-related can be considered a work injury because of special rules. Here are a few examples of when this happens:
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Getting sick from food at work: If you get sick from food you made at work because it was contaminated by something at your workplace, that is a work-related injury.
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Getting sick from employer-provided food: If your employer provides food and you get sick from eating it, that is a work-related injury.
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Catching a disease at work: If you catch a serious contagious disease while doing your job, it should be reported as a work injury. Examples of these diseases include brucellosis, hepatitis A, plague, or tuberculosis.
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Developing a mental illness: A mental illness can be considered work-related if a mental health expert states in writing that the job caused it. The employee must choose to provide this expert’s letter themselves.
Automatically assuming your injury is not work-related may lead to significant financial costs.
Work-Related Injuries May Occur During Work Travel
Sometimes your job requires you to travel for long periods or to different places. If you get hurt during a work trip, it might be considered a work-related injury.
You can generally claim a work injury if you are hurt while doing something for your employer’s benefit. For example, an injury is likely work-related if it happens while you are:
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Driving to meet with a client.
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Performing your specific job tasks.
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At a business-related dinner or event, if your employer asked you to be there.
However, the rules are different for your personal time. When you are on a work trip, your hotel or temporary home is treated like your regular home. This means that if you get hurt during your commute from your hotel to a worksite, it is usually not considered a work-related injury. This is the same rule as when you commute from your house to your regular job.
Working From Home Can Lead to Work-Related Injuries
With more people working from home, it’s important to know the rules about injuries. Getting hurt while working in your house only counts as a work-related injury if it happens directly because of a work task.
For example, if you trip on a rug in your own home during work hours, that would not be considered a work-related injury. The problem was the rug, not your job.
Determining Responsibility for a Work-Related Injury
How to Get Compensation for an Injury
In Texas, some employers choose not to have workers’ compensation insurance. These companies are called “non-subscribers.”
If you get hurt working for a non-subscriber, you may have the right to sue your employer in court. You would need to prove that the company’s carelessness caused your injury. If you win, the court can order your employer to pay you for your medical bills, lost wages, and other damages.
This is different from a standard workers’ compensation claim and is a way to seek compensation when your employer doesn’t have the normal insurance.
Many jobs also require employees to engage with a third party’s employees. Third parties are other companies whose employees perform a job at your worksite.
If you sustain a work-related injury caused by a third party, they may be responsible for the damages you sustain. An example would be sustaining injuries by a construction company performing work where you are employed.
Does Employment Classification Matter in a Work-Related Injury?
Working for a company will likely result in your classification as an employee. This means that business is subject to the laws established by the Texas Workforce Commission. Employers are assigned an obligation to train and supervise employees. Employers must also legally provide a safe work environment and have rights as an injured employee.
Workers may also fall under the category of independent contractors. Company obligations to independent contractors are not the same as employees. Seeking compensation for a work-related injury as an independent contractor may be more challenging. Contact us if you have more questions about compensation after a work related injury.
