What makes an employee eligible for worker’s comp?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What makes an employee eligible for worker’s comp?

My job requires that I walk for 7.5 hrs per day While at work I felt severe knee pain which sent me to the ER I have a torn ACL that requires surgery. Can I file for workers compensation? I work at a bingo hall. I was selling sheets on the floor to customers when this happened.

Asked on November 13, 2011 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Worker's compensation is available when you suffer an injury due to your job. The issue isn't whether you felt or noticed the injury at work--it's whether work caused it. If you are an employee (not an independent contractor) and your injury was caused by the 7.5 hours/day of walking you do at work, you may be eligibole for worker's compensation; if your injury was, on the other hand, caused by jogging, an old football injury, the result of a fall at home, etc., then even if you felt pain at work, you probably can't collect worker's compensation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption