Q: How will I know if I am eligible for workers’ compensation benefits?

A: Generally, there are two things that will determine if you are eligible to receive workers’ compensation. One is if you are an employee, and another is if your injury happened because of your work. These factors, however, don’t necessarily guarantee your eligibility for workers’ compensation. For example, certain types of employees may not be covered by workers’ compensation in some states. Other factors may come into play too, such as whether or not you are under the influence of alcohol or drugs at the time of the accident. If you have been injured and are not sure if you are covered by workers comp, consult an experienced workers’ compensation attorney.

Q: Can an employee who has been receiving workers’ compensation benefits still receive benefits when they return to work?

A: That depends. If the employee returns to work and they receive wages for that work that is equal or more than what they previously made before the injury, then the benefits will most likely be stopped. However, if they return to work with a wage that is lower than what they previously made, then they may still receive workers’ compensation benefits for the wages lost.

Q: Since the workers’ compensation benefit operates under a “no-fault” system, can an employee still get workers’ compensation benefits regardless of what the employee did?

A: While it is true that workers comp is a no-fault claim, employees who willfully hurt themselves are not entitled to collect benefits. Employees who are under the influence of alcohol or drugs are also generally not eligible to claim workers comp.

Q: Is it possible for the employee to still receive workers’ compensation benefits even if they were not really in the workplace at the time they were injured?

A: It depends mainly on two things: your state’s laws and the circumstances surrounding your case. Usually, if an injury occurs while an employee is performing their job as per the scope of their work, then they will be covered by the workers comp. Examples may be those employees who were injured while they were running an official errand at the time of the injury, or those who are required to travel as part of their work.

Employees who are injured at an employer-sponsored event or outing may also be covered even if the event is held outside the company’s premises.