When it comes to worker's compensation, there are always some unique situations that require attention. If you are a factory owner, for example, can you claim worker's compensation for injuries you incur while walking around your plant? The answers may surprise you. Here is what you should know before things get as far as a workers compensation attorney.
Exempt Yourself (?)
If you have worker's compensation insurance, you can choose to exclude yourself from the policy. This is often referred to as "exempting" and you are then NOT covered in the event that you get an injury in your own factory. While you certainly can do that, it is not advisable if you spend a lot of time working on the floor or walking it like a supervisor. Anything could happen to you if you are out there alongside your employees. If you exempt yourself from worker's compensation there is nothing you can do besides pay your medical expenses out of your own pocket.
You Cannot Sue Yourself for Failed/Denied Workers Comp
Even if you do not exempt yourself from your own company's worker's comp insurance, you cannot sue yourself if your own filing does not work out. If you get injured and file a worker's comp claim and the insurance company denies it, you cannot do what your employees would--sue you. In short, if your case fails or is denied, you cannot sue yourself to get the money. You may be able to sue the worker's compensation insurance company, but that is about all you can do.
Claiming Your Worker's Compensation
As long as you have not exempted yourself from your worker's comp insurance, you can claim worker's comp if you get hurt in your own factory. If you feel you need to file a claim, the insurance company will not treat you any differently than any other claimant in your plant. However, there are a few restrictions about this, and unfortunately they do vary from state to state.
It is in your best interests to A) include yourself in your worker's compensation policy so you are covered, and B) consult with a worker's compensation law firm, like Lovett Schefrin Harnett, when you do get injured on the job. Only the lawyer will know what the restrictions are in your state with regards to business owners, business owners filing claims on their worker's compensation insurance for their own work-related injuries, and steps to take when claims are denied.Share