For work-relatedness to apply to an injury, 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 a condition or 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 as work-related and are considered not recordable:
- The employee is injured at the workplace but not in a work capacity. They are in the environment as a general public member.
- Symptoms of an injury appear during working hours but result from an injury occurring off-duty.
- An employee’s voluntary participation in an activity at work, such as a blood drive or recreational activity, results in injury.
- Injuries are sustained from preparing food or drinking and consuming it at work.
- Injuries are sustained while performing personal tasks unrelated to a job while at work.
- 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.
- An accident occurs in a personal vehicle on a business’s property commuting to or from work.
- An illness, such as the common cold or flu, is transmitted to a worker.
- An employee develops a mental illness.
Because confusion may exist about an injury’s work-relatedness, it is always best to speak with a work injury attorney in Houston to determine how your injury is classified.
Exceptions to Work-Related Injuries Have Exclusions
Specific criteria apply to the exceptions of work-related injuries that may classify an injury typically, not a work injury, as a work-related injury. Note the following exclusions to the exceptions provided for work-related injuries:
- An employee who becomes ill from eating food they have prepared at work being tainted by workplace contaminants has experienced a work-related injury.
- Becoming ill after eating food supplied by an employer is a work-related injury.
- Contagious diseases contracted at work other than those mentioned in the exceptions should be reported as a work-related injury. Examples include contracting brucellosis, hepatitis A, plague, or tuberculosis while on the job.
- A mental illness may be work-related when the opinion of an experienced mental healthcare provider states the illness is work-related. An employee must voluntarily submit the expert’s statement.
Automatically assuming your injury is not work-related may lead to significant financial costs. Receiving pushback on a significant injury with a questionable classification as a workplace injury should be reviewed by a Texas work injury attorney.
Work-Related Injuries May Occur During Work Travel
Work duties carry employees worldwide and often for extended times. An injury may be classified as work-related when it occurs during various points of work travel. You may be injured while traveling for work, and the injury occurs while engaging in work activity that serves your employer’s interest. In this instance, an injury may be work-related. Examples include injuries occurring during the following actions:
- Traveling to meet with a work client
- Performing work duties
- Entertaining or being entertained as a part of work duty, promotion, or work discussion as instructed by an employer
Time off duty while traveling for work is considered establishing a home away from home. Injuries occurring during a commute time may not be regarded as work-related injuries. Residing in a temporary location, such as a hotel, for work and traveling to a stationary worksite are viewed similarly to being at home and traveling to and from work each day.
Working From Home Can Lead to Work-Related Injuries
More employees than ever work from home. Telecommuting or performing manual jobs may all be performed for an employer without reporting to an office. Injuries occurring at home while working must have occurred as a direct result of a work-related task.
For example, a slip, trip, or fall accident caused by a rug in the home during work hours would likely not classify as a work-related injury. As the landscape of work changes in Texas and across the country, it is always best to review the incident with a knowledgeable work injury lawyer in Houston who will represent your best interests.
Determining Responsibility for a Work-Related Injury
Texas employers who are non-subscribers may be subject to civil actions for negligence resulting in an employee’s injuries. Filing a personal injury claim allows an employee to seek personal injury damages compensation from an employer for a work-related injury.
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.
Working with a Houston personal injury attorney with experience in work-related injuries in Texas allows an experienced negotiator to seek the maximum outcome available to you through a settlement offer from the responsible party’s insurance company. When a fair settlement cannot be reached for a work-related injury, our Houston work injury attorneys at can take your case to court to seek maximum compensation.
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. Is not impossible however.
In these complex cases, it can be more difficult to determine who is responsible for the negligence that caused your injuries. Dax F. Garza, P.C. has successfully taken on big industries, holding them accountable for our client’s injuries and related costs.
Have You Suffered a Significant Work-Related Injury?
It may be challenging to get a straightforward answer about whether an injury you suffered is classified as a work-related injury. Contact our Houston work injury Lawyers to schedule a free consultation. Time limits, known as the statute of limitations, will impact your ability to seek compensation. Schedule your case evaluation today.
