Human Resource Blog

When Do WC Benefits Start?

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Workplace Health and Safety
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A chiropractor, not me, had a question about when work comp benefits start. An injured employee was denied coverage because, it was stated, he hadn’t worked long enough for the company. Sounds goofy to me.

Thanks

This also sounds weird to us. It sounds as if the employee may be lying to the chiropractor, or the chiropractor misunderstood. An employee who is injured on the job should be entitled to Workers’ compensation, even if the employee has only worked for the company for 1 hour. A work-related injury is a work-related injury.

 

Suppose John is hired as a carpenter and starts work on Monday at 7 am. At 10 am, a coworker runs over John’s foot with a truck, breaking it. John is going to be covered by workers’ comp.

 

Sometimes employees lie about injuries. Suppose x-rays show that John’s foot was broken at least a week ago. In that case, he would not qualify for workers’ comp.

 

Although the question specifies an injury, the answer might be different if this was a disease or an ongoing condition. Suppose Pete smokes for 35 years and has never worked in a coal mine before. He goes to work for a coal mine, and is diagnosed with lung cancer 2 weeks later. Pete files for workers’ comp, claiming that the coal mine fumes caused his lung cancer. The court will likely find that Pete was not on the job long enough for his disease to be job-related.

 

In some cases, if an employee has an ongoing condition that’s reactivated by job duties, length of service might be a factor. Suppose Carol has carpel tunnel syndrome and has been treated for it off and on for the past 5 years. She goes to work for a new employer, and 3 days later has a flare-up of carpel tunnel. The judge might rule that Carol’s flare-up is not work related, and would have occurred even if she was unemployed.

In many states, there is an appeal process for workers’ comp claims. There is also usually a workers’ comp Ombudsman, who serves as an advocate for employees with workers’ comp claims.