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Can an Employee Injured on a Holiday Receive Workers’ Compensation Benefits?

Workers’ compensation is mandatory insurance that employers must provide for their employees to assist them when they are injured on the job or develop occupational disease. A Denver workers’ compensation attorney can help to get you the insurance benefits you are entitled to by law.

The 2013 Workers’ Compensation Act provides that employees, whether working full time or part time, must have these benefits. The main elements necessary for you to qualify for benefits this Act are as follows:

a. You are an employee under the meaning of the Act;

b. You suffered an injury while on the job, or the injury was suffered in relation to performance of your job;

Injury suffered on the job, otherwise called as a life or limb-threatening injury, is one that you believe threatens a portion of your body or your life in such a way that immediate medical care is needed to prevent your death  or serious damage.

On the other hand, an occupational disease is defined under the 2013 Workers’ Compensation Act as a disease which results directly from employment or the conditions when work was performed. It can be seen to have followed a natural incident of work and as result, of exposure occasioned by the nature of the employment as the proximate cause. It does not come from a hazard from which the worker would have been equally exposed outside of the employment.

In other words, injury suffered on the job are those which are acquired while in the actual performance of the job while occupational diseases are those that are the natural result of the performance of a job over a period of time.

These definitions clearly limited the scope of the Workers’ Compensation Act. It translates to the fact that injuries incurred outside of the workplace and of work hours are not covered by the Act. This is basically due to the fact that Workers’ Compensation was adopted to ensure that the employees are protected and compensated in cases when injuries during work were incurred.

Including injuries incurred away from work during non-work hours in the coverage of the injuries that could benefit from workers’ compensation would defeat the purpose previously mentioned and emphasized. More than that, it would prejudice the rights of the employers who pay for the insurance.

Employers pay for insurance of employees to ensure that they are protected from any other liabilities for injuries suffered on the job. Widening the coverage of the Workers’ Compensation Act to include non-work place and non-work hour injuries will put the employer and the insurer in a fix since they can be made liable for any injury that the employees may suffer.

However, each case is unique. A careful study of your predicament may help us come up with a workaround on this limitation. If you are injured on the job in the Denver or Northern Colorado area, you should contact a Denver Workers’ Compensation Attorney right away to discus your case.

As always, how this or any other case we discuss in this blog would apply to your case depends on many more factors. We urge you to call us to see if you are entitled to workers’ compensation benefits. Workers ‘Compensation is difficult, confusing, and very complex. Kaplan Morrell, leading work injury lawyers in Denver, has helped thousands of injured workers since 1997 get the benefits they deserve. Contact our Denver or Greeley Workers’ Compensation Lawyers or call us at 303-780-7329 for your FREE CONSULTATION.